A prisoner sentenced to death row seeks various records from the district attorney under the California Public Records Act [CPRA; Government Code section 6250] to assist in investigating whether the district attorney impermissibly sought the death penalty based on the race of the defendant, the victim, or both. In ordering the records produced, the appellate […]
Nonsignatory Beneficiary Of A Trust Cannot Be Compelled To Arbitration.
Plaintiff, a nonsignatory beneficiary of a trust which was amended to her detriment shortly before her mother’s death, brought an action for financial elder abuse. The issue is whether an arbitration clause in a trust document can bind a nonsignatory beneficiary. The trial court denied a petition to compel arbitration. Noting that plaintiff beneficiary “has […]
I ♥ Boobies Bracelets Not Lewd.
Middle school kids wore bracelets to school that said, “I ♥ boobies (KEEP A BREAST)” as part of a nationally recognized breast cancer awareness campaign. The school district banned the bracelets, relying on Bethel School District No. 403 v. Fraser (1986) 478 U.S. 675, [106 S.Ct. 3159, 92 L.Ed.2d 549],which held that a school district […]
Although Outdated, Information Provided By Seller’s Broker Was Not Inaccurate.
The seller’s broker posted the following about a commercial parcel: “This parcel is in an earthquake study zone but has had a Fault Hazard Investigation completed and has been declared buildable by the investigating licensed geologist. Report available for serious buyers.” The report, however, was prepared in 1982, and it was posted in 2006 when […]
Jury Properly Instructed Prison Dentist ’s Care May Be Considered In The Context Of Available Resources.
As soon as plaintiff arrived in prison, he sought dental care, complaining he had cavities and his gums were bleeding. He saw a dentist twice during the year, but was dissatisfied with the care he received and filed an action under 42 U.S.C. § 1983 for money damages against the prison dentist and others, claiming […]
No Equitable Tolling For Parents That Abduct Children.
When a parent abducts a child and flees to another country, the Hague Convention requires that country to return the child immediately if the parent requests return of the child within one year. In this case, the mother and child disappeared from the United Kingdom in 2008, and the father did not locate them in […]
Sarbanes-Oxley Now Has Far Reaching Tenacles.
Petitioners/plaintiffs brought an action against their former employers, privately held companies that provide advisory and management services to a mutual fund company. The allegations are that after plaintiffs raised concerns about overstated expenses associated with operating the mutual funds, they suffered adverse actions. “No [public] company. . . or any officer, employee, contractor, subcontractor, or […]
Trial Court’s Denial Of Petition To Compel Arbitration Reversed.
The trial judge denied defendant employer’s petition to compel arbitration in a wrongful termination case after finding the arbitration agreement was unconscionable. The arbitration agreement was presented to the plaintiff employee on a take-it-or-leave-it basis and his signature was a precondition to employment. But plaintiff contended he was already on the job working for over a week before […]
No Disqualification: I Told You About It; Now Forever Hold Your Peace.
It’s a family law case, and the commissioner presiding over the matter, who has post-judgment support matters still pending, has agreed to preside over the wedding of the wife’s lawyer. The husband petitioned the appellate court for a writ of mandate, seeking disqualification of the commissioner under Code of Civil Procedure section 170.1, which says a judge is disqualified if […]
Trademark Not Abandoned.
A bank acquired an insurance/financial services company and changed the name of the newly acquired company, but continued to display the former trademark in order to maintain the website and metatags and accept customer payments. A few years later, the bank did not renew registration of the trademark. Former employees of the company the bank acquired launched […]
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