Plaintiff’s lawyer was properly noticed of the trial date, but miscalendared the date, and on the date of the trial, the court granted a judgment of $0 to the appearing defendant. Plaintiff’s counsel thereafter moved, pursuant to Code of Civil Procedure section 473(b), to set aside the judgment. The motion included a declaration explaining how […]
Trial Court Should Have Granted Domestic Violence Restraining Order.
Years after a domestic violence restraining order was granted during a divorce, the wife went back to court to request a permanent restraining order. The trial court concluded that “if nothing has happened in three years, I don’t see how there is reasonable apprehensions,” and relying on that comment as well as the holding in Ritchie v. […]
Boris And Natasha Boobytraps Outdone.
The court’s introduction says it all: “Defendant [] was charged with a number of drug offenses that exposed him to a maximum of 11 years in state prison. How did defendant attempt to avoid those 11 years? By trying to kill the detective whose testimony was required to convict him, of course. None of the […]
Apportionment Of Fault In Product Liability Trial.
A vehicle traveling at a high rate of speed slammed into a line of vehicles stopped at an intersection, thus propelling a vehicle into the back of plaintiff’s Nissan Frontier pickup truck. The force of the collision caused plaintiff’s seatback to collapse and plaintiff to slide up the seat. Plaintiff’s head struck her vehicle’s back […]
Non Opt-Out Provision In Class Action Violates Due Process.
The Americans with Disabilities Act [42 U.S.C. § 12132; ADA] and the Unruh Civil Rights Act [Civil Code section 51] require cities to make newly built and altered sidewalks readily accessible to individuals with disabilities. After the parties in this action agreed to certify a non opt-out class involving violations of California law and settle […]
Red Light Camera Saga Continues.
Vehicle Code section 21455(b) requires a public announcement and a 30-day period of warning devices with respect to a camera that records a traffic violation. The issue in the present case, heard by the California Supreme Court, is whether the statute refers only to the first installation of a red light camera by a city, […]
Another Water Issue; This One Involving Eminent Domain.
The State of California seeks to build a tunnel to transport water from the north to the south. Before condemning the land needed for the project, it desires to study the environmental and geological suitability of hundreds of properties on which the tunnel may be constructed. The question in this case is whether or not […]
Water Projects Halted; Southern And Central California Losing The Water Wars.
The Central Valley Project and the State Water Project “are perhaps the two largest and most important water projects in the United States. These combined water projects supply water originating in northern California to more than 20,000,000 agricultural and domestic consumers in central and southern California.” The source of the water is the lone habitat […]
Ninth Circuit Barred Removal Of Class Action Claim Against Employer.
Plaintiff brought a class action against his employer asking for civil penalties for failure to pay for overtime and provide for meal breaks and rest periods under California’s Private Attorneys General Act of 2004 [Labor Code §§ 2698-2699.5; PAGA]. His employer removed the action to the federal district court. The Ninth Circuit was faced with […]
Information Sought In Discovery Involves Litigation Strategy.
The setting is a discovery dispute in a construction defect action. The trial court overruled the homeowner’s association’s claim of attorney-client privilege regarding efforts to depose individual homeowners regarding disclosures made at informational meetings about the litigation. The appellate court granted the association’s petition for writ of mandate, stating: “To the extent this record reveals […]
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