A mobile home park owner attempted to raise rents in a rent-control area, and the City’s Mobilehome Park Rental Review Board approved increases, but not in the amount sought. The mobile home park owner filed suit in federal court asserting facial and as-applied takings and due process claims. The federal trial court concluded the facial takings […]
Foiled Again By The Federal Arbitration Act!
Labor Code sections 98 through 98.8, provide an administrative statutory scheme for an employee to seek relief from the Labor Commissioner for a wage dispute. This method of dispute resolution is called a Berman hearing. In Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659, [247 P.3d 130; 121 Cal.Rptr.3d 58] (Sonic I), the California Supreme Court […]
Arbitration In Collective Bargaining Agreement Does Not Apply To Plaintiff’s Statutory Discrimination Claims.
Plaintiff, a member of a union, worked for defendant as a nurse assistant from when she was 45 years old until she was 66 years old when she developed a medical condition. Her doctor wrote a note stating she needed to stay off work for a few weeks. Plaintiff was terminated from her employment. She brought […]
No Showing Thief Ever Read Private Medical Information.
The chief security officer at UCLA’s school of medicine advised certain patients that an encrypted external hard drive containing some of their personally identifiable medical information, as well as the computer password, had been stolen in a home invasion robbery. A class action seeking damages pursuant to the Confidentiality of Medical Information Act [Civil Code section […]
MORTGAGE DEBT RELIEF ACT – SET TO EXPIRE DECEMBER 31, 2013 !
There are 30 days to go until January 1, 2014 when forgiven debt from the disposition of a principal residence – exempted from income tax since the Mortgage Debt Relief Act of 2007 went into effect, will again become taxable. This is not the first time this law has had to be revised for an extended […]
California Highway Patrol Not A Special Employer Of Freeway Tow Truck Driver.
A tow truck driver who contracted with a county, part of the California Highway Patrol Freeway Service Patrol [FSP program], collided with a car, injuring the driver and her infant son. The CHP moved for summary judgment in the subsequent lawsuit on the ground it was not the tow truck driver’s special employer and therefore not […]
Uniform Trade Secrets Act Did Not Displace Other Causes Of Action.
A former employee worked for plaintiff, a nationwide linen supply company for many years. He promised he would not, during his employment, “become interested, directly or indirectly, as a partner, officer, director, stockholder, advisor, employee, independent contractor or in any other form or capacity, in any other business similar to Company’s business.” While he was still […]
Restriction In 1946 Deed Enforceable As A Covenant Running With The Land.
In 1945, a woman purchased a parcel of real property described as “Lot 4.” In 1946, she conveyed a portion of Lot 4 by a grant deed, which provided that she was conveying ‘[a]ll of Lot 4 EXCEPTING the following described property in Block ‘I’ . . . :” The deed then set forth the legal […]
Equitable Tolling Available Under The Federal Tort Claims Act.
There is a conflict among the federal circuit courts whether the timing of suits against the United States government is jurisdictional or subject to equitable tolling. The Ninth Circuit joined with several other circuits in concluding 28 U.S.C. § 2401(b) is subject to equitable tolling under some circumstances. In the instant matter, the Ninth Circuit noted […]
Insurance Company Would Not Reveal Policy Limits.
Plaintiff lost his leg in an automobile accident. In his action against defendant, he asked defendant’s insurer for the amount of the policy limits on three separate occasions. When the insurance company did not respond to the queries, plaintiff made an offer pursuant to Code of Civil Procedure section 998, to settle in the amount of […]
- « Previous Page
- 1
- …
- 93
- 94
- 95
- 96
- 97
- …
- 182
- Next Page »