Civil Code section 2987, subdivision (d), subsection (2)(B), requires that lessors of vehicles which have been repossessed give the lessees a notice that contains this statement: “The amount you owe for early termination will be no more than the difference between the Gross Early Termination Amount stated above and (1) the appraised value of the […]
Equitable Principles May Be Applied To Give Priority To An Earlier Unperfected Security Interest.
The facts here are complicated and lengthy, so they will not be set forth here. Suffice it to say, the appellate court pointed out that Commercial Code section 9310(a) provides that a financing statement must be filed to perfect all security interests and that Commercial Code section 9322(a)(2) further provides a perfected security interest has […]
“Only Noneconomic Damages Awarded By The Court Are Actually Capped;” Settlement Didn’t Count Toward MICRA’s $250,000 Limitation.
The California Supreme Court considered whether a jury’s award of noneconomic damages, reduced by the court to $250,000 under Civil Code section 3333.2 [MICRA], may be further reduced by setting off the amount of a pretrial settlement attributable to noneconomic losses, even when the defendant who went to trial failed to establish any comparative fault […]
Stop Bothering Our Customers.
Plaintiff owns an outdoor shopping center with 60 retail stores, and has a policy of prohibiting solicitation of donations on shopping center property. Defendants, who provided evidence they operate youth centers outside the county, were repeatedly soliciting donations on the sidewalk areas immediately adjacent to store entrances. The police refused to intervene, and the shopping […]
No Administrative Appeal Right After Police Officers Transferred To Another Assignment.
LAPD robbery/homicide lieutenant, with 23 years of experience on the force, was counseled for a lack of supervisory skills. When the situation did not improve, it was determined that either the lieutenant had to make significant changes to interpersonal skills, or a significant number of subordinates would leave the section. Retaining rank and pay, the […]
Equitable Estoppel Applied To Late Governmental Claim.
Two third grade girls complained about their male teacher touching them in private areas of their bodies. School administrators repeatedly admonished the parents and children not to discuss the situations with anyone but the police. Police investigations proceeded slowly, and more than a year after the first reports, the teacher pleaded guilty and was sentenced. […]
Privilege Waived In Inadvertent Disclosure Of Documents.
During litigation, a public entity inadvertently produced documents which appeared in its privilege log. When it discovered its mistake, the public entity demanded their return and an agreement the documents would not be relied upon in any way. The receiving party declined, contending the public entity waived any claim of privilege. The trial judge concluded […]
Duty Of A Restaurant To Assist Patrons Exit Parking Lot.
The median of a highway in front of a restaurant had temporary traffic dividers. A man operating a motorcycle collided with a restaurant patron exiting the restaurant parking lot. Not realizing only a right turn was possible, the patron at first attempted a left turn and the motorcyclist collided with the patron. Plaintiffs are the […]
Class Decertification Order Affirmed.
This is a class action against a healthcare provider. Plaintiffs contend the provider unfairly charges uninsured patients more for emergency services that the fees it accepts from patients covered by private insurance or governmental plans. The trial court first certified, but later decertified the class. In affirming the order decertifying the class, the appellate court […]
Wrongful Termination “Tameny” Claim.
An employee of a private university reported numerous instances of misconduct committed by her immediate supervisor and was fired. In her action for wrongful termination in violation of public policy, the university argued the illegal conduct the employee reported involved an injury only to the pecuniary interests of the university, and not to the public […]
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