A four-year-old drowned in the pool of a home friends of his family rented. His parents brought an action against the homeowners and the property management company. The trial court granted defendants’ motion for summary judgment on the ground defendants owed no duty of care to a guest of the tenants. With regard to the […]
No Civil Enforcement Of Workplace Safety By Prosecutors Under Consumer Protection Statute.
Defendant manufactures plastic products. In 2009, a water heater exploded, killing two workers instantly. After the incident, California’s Division of Occupational Safety and Health (Cal/OSHA) opened an investigation and determined the explosion had been caused by a failed safety valve and the lack of “any other suitable safety feature on the heater” due to “manipulation […]
No Civil Immunity For Serving Alcohol.
At common law, the rule was that the consumption of alcohol, not the service of alcohol, was the proximate cause of any resulting injury. In 1976, the California Supreme court in Vesely v. Sager (1971) 5 Cal.3d 153, [486 P.2d 151, 95 Cal.Rptr. 623] (Superseded by statute), held that sellers or furnishers of alcoholic beverages could […]
Another Pathetic Situation For A Mentally Ill Person.
A social worker contacted the police about a “gravely disabled” mentally ill woman he wanted transported to a mental health facility. The woman reacted violently when police entered her home. She grabbed a knife, threatened to kill the officers and told them she did not want to go to a mental health facility. Officers shot her […]
Class Action Against Credit Repair Organization.
Plaintiff brought a class action against defendant under 15 U.S.C. § 1679 (the Credit Repair Organizations Act; CROA). The federal trial court entered summary judgment in favor of defendant, reasoning defendant did not make any promises of credit improvement but instead promised to provide consumers’ credit score. The Ninth Circuit reversed, finding defendant is a credit […]
Class Action Not Certified.
A home warranty provider, the defendant in this action, records all incoming and outgoing telephone calls. A customer placing an inbound call is told: “To ensure the highest quality service your call may be monitored or recorded.” Plaintiff filed a class action against the defendant alleging it violates Penal Code section 632 which prohibits the intentional […]
Homeowner’s Insurance Company Did Not Comply With The Right To Repair Act Before Completing Repairs.
When the owner purchased a home, he signed a document which advised him of the prelitigation procedures required in the Right to Repair Act [Civil Code section 895]. Six years later, when the home was vacant, a property manager discovered a water leak, and the owner notified his insurance company. The insurance company hired workers to […]
California Has Specific Jurisdiction & Defendant Must Defend Itself Here.
In an attempt to collect a judgment, a bank sued a New Zealand company for fraudulently transferring and sequestering the debtor’s assets. The trial court granted the New Zealand company’s motion to quash service of summons for lack of personal jurisdiction. On appeal, the appellate court framed the issue as follows: “The primary issue presented is […]
She Acted Outside The Course And Scope Of Her Employment? C’mon . . . How Can You Say That?
A staffing company assigned one of its employees to work as a medical assistant at a customer’s facility, and the medical assistant poisoned a coworker. According to the allegations, the medical assistant and the coworker had some sort of disagreement about how to stock supplies. Sometime later, the coworker drank from her water bottle and her […]
Hospital’s Peer Review Process Meets Whistleblower Laws.
A hospital terminated a doctor’s staff privileges, using its quasi-judicial peer review procedure. In his tort action against the hospital and others, the doctor claimed he was terminated in retaliation for reporting substandard performance by the hospital’s nurses. Health and Safety Code section 1278.5, declares it is the public policy of California to encourage members of […]
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