More than a dozen Halloween partygoers were swept up and detained by a Sheriff’s SWAT team for up to 14 hours. The party, an annual event with hundreds of costumed attendees, had drawn neighbor complaints over the years. Based on a flyer that advertised a “Casino Room,” at the party, the Sheriff’s department obtained a […]
Social Security Funds In Bank Account Protected From Levy.
When a creditor served a writ of execution to levy funds in the debtor’s bank account, the debtor submitted a claim of exemption to the writ, asserting the funds in the account were Social Security payments exempt from levy under 42 U.S.C. § 407. The creditor opposed the claim of exemption, citing Code of Civil […]
Provision Requiring Club Members To Arbitrate Disputes Too Late.
In Cobb v. Ironwood Country Club (Cal. App. Fourth Dist. Div. 3; January 28, 2015) 233 Cal.App.4th 960, [183 Cal.Rptr.3d 282], the defendant club amended its bylaws to include a provision requiring club members to arbitrate disputes, four months after the plaintiffs, two club members and two former club members, filed the instant case. The club […]
Does Application Of The “Honest Belief” Defense To A CFRA Claim Deprive An Employee Of An Unwaivable Statutory Right?
In Richey v. AutoNation, Inc. (Cal. Sup. Ct.; January 29, 2015) 60 Cal.4th 909, [182 Cal.Rptr.3d 644, 341 P.3d 438], the California Supreme Court sidestepped the issue of whether an arbitrator’s presumably erroneous interpretation of the Moore-Brown-Roberti Family Rights Act (CFRA) deprived an employee of an unwaivable statutory right. The plaintiff employee was fired by defendant […]
Employer’s Petition To Compel Arbitration Denied.
In Montano v. Wet Seal Retail, Inc. (Cal. App. Second Dist. Div. 4; Januanry 7, 2015) (As Mod. January 13, 2015) 232 Cal.App.4th 1214, [182 Cal.Rptr.3d 220], an arbitration agreement drafted by an employer provided that the employee waived the right to file a private attorney general claim. It also stated that this provision was a material […]
Nominal Damages Did Not Support Award Of Attorney Fees In Real Property Dispute.
This case involves a vineyard versus winery boundary dispute. After a bench trial, the court ruled in favor of the vineyard, quieted title, granted injunctive relief, awarded $1 in damages for past trespass and awarded the vineyard $117,000 in attorney fees under CCP § 1021.9, which provides: “In any action to recover damages to personal […]
Evidentiary Errors And Attorney Misconduct During Trial Result In Reversal Of $1.2 Million Verdict.
During a test drive of a brand new BMW, the prospective purchaser, the defendant here, crashed and totaled the car and injured the salesman, the plaintiff. A jury awarded plaintiff $1.2 million. Citing evidentiary errors and attorney misconduct, the defendant appealed. The appellate court reversed. One of the evidentiary errors found was that the trial […]
Recognition Of A Foreign Judgment.
A trial court may recognize a foreign judgment under the Uniform Foreign-Country Money Judgments Recognition Act [CCP § 1713-1724]. But, despite the legality of 20 percent interest in the foreign jurisdiction, California may not enter a California judgment imposing postjudgment interest at a rate greater than ten percent. (Hyundai Securities Co., Ltd. v. Lee (Cal. […]
No Prohibition Of Recording Birth Date Of Person Who Buys Alcohol With A Credit Card.
Plaintiff filed a class action for damages under the Credit Card Act [Civil Code section 1747.08], one of the provisions of which prohibits businesses from requesting that cardholders provide personal identification information during credit card transactions. In the present matter, a business recorded the birth date of a customer who purchased alcohol with a credit […]
After Partial Payment In Medical Malpractice Action, Patient Was Not Informed Of Statute Of Limitations.
After surgery, a patient suffered an infection. The bacteria that infected the patient’s knee apparently survived the sterilization process at the surgical facility. The bacteria was found on a surgical sponge. The doctor paid the patient $4,118.23 for the medical expenses he incurred for treatment of the infection. Fifteen months later, the patient sued the […]
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