After the realignment of California prisons, the State of California contended it was absolved of previous requirements for violations of the rights of disabled inmates. The federal district court rejected the argument and ordered renewal of negotiations. Obviously frustrated with the present situation, the first paragraph of the Ninth Circuit’s opinion reads: “Since 1994, disabled state […]
No More City Of Bell Wringing.
A former City Of Bell manager was prosecuted by the Attorney General and sued civilly for wasting City Of Bell funds. When requested by the former manager, the City Of Bell declined to provide the man with a defense. The former city manager brought an action against the City Of Bell for declaratory relief asking the court for a declaration […]
Another Malicious Prosecution Followed By AntiSLAPP Motion.
There was an underlying action for fraud, and almost two years later, a malicious prosecution action was filed by a defendant who prevailed earlier. The later action was against the earlier plaintiffs as well as their lawyers. In the malicious prosecution action, one lawyer successfully demurred, citing the statute of limitations set forth in Code […]
To Every [ Defamation ] Action There Is Always Opposed An Equal Reaction–Isaac Newton.
At the time a lawyer was representing plaintiffs in an underlying action against defendants [the plaintiffs in the present action] for RICO violations [18 U.S.C. § 1961], the lawyer issued a press release captioned “FBI SAID TO BE INVESTIGATING GETFUGU’S CARL FREER,” the defendants his clients were suing. Later, the same lawyer issued the following Tweet: “GetFugu […]
For Injuries Caused By Diseased Tree On Public Property, No Liability Against County.
Plaintiff was in a county-owned paved parking lot along the Sacramento River when a cottonwood tree fell on him, resulting in injuries. He brought an action for dangerous condition of public property and the trial court granted summary judgment based upon Government Code section 831.2. The appellate court affirmed, stating, “we conclude that [plaintiff’s] injuries were […]
Foiled By One Final Judgment Rule.
Plaintiff ophthalmologist, who lost her license to practice medicine, brought an action against another doctor for breach of fiduciary duty, among other causes of action. The defendant doctor cross-complained for defamation. The two had previously undertaken a venture to provide medical services to patients of a health maintenance organization and formed a corporation for that purpose. […]
What shouldn’t be forgotten is she did it with absolute
The actor who plays Bass recreates the moment when, about seven hours after the attacks, she at last able to reach her husband and say: I fine. 32 times we can finally get through the show without crying, said Bass, whose two children were just eight and nine at the time. So beautiful. Cheap Jerseys […]
Developer Dilemma.
As a condition of a city giving approval for a developer to build 96 condominiums on a parcel of land, the city required the developer to set aside 10 condo units at below the market rate and make a substantial contribution to a city fund. The developer proceeded with construction but challenged the city’s requirements pursuant […]
When Only Injunction Is Requested, No Duty To Defend.
In the early stages of litigation, a third party brought an action against an insured for injunctive relief only, plus a claim for punitive damages. Later, the third party prayed for compensatory damages as well as injunctive relief. At that point, the insurance company agreed to assume a defense under its Duty to Defend, but refused […]
Association-Based Disability Discrimination Alleged. Plaintiff Terminated On December 30, 2010; Donation Protection Act Became Effective January 1, 2011.
When he was hired in September 2010, plaintiff informed his employer he planned to donate a kidney to his sister the following February and would need leave to do so. Plaintiff periodically reminded managers and human resources personnel of his plan. In November, plaintiff became aware the Donation Protection Act [DPA; Labor Code sections 1501-1508] would […]
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