Plaintiff is a company that specializes in the protection of personal image rights, and is the assignee of two models who are not parties to the action. Plaintiff sued defendant for common law and statutory misappropriation of likeness based on defendant’s unauthorized display of the models’ images in connection with advertising cosmetic medical services. The […]
Court Erred In Not Considering Domestic Violence When Ordering Custody Of Children.
Without considering the effect of domestic violence restraining orders against the father or finding any significant change in circumstances, the trial court modified an earlier custody order which gave sole legal and physical custody of the children to their mother. The new order granted joint legal and physical custody to the parents. The appellate opinion […]
No Good Cause Shown To Continue Motion For Summary Judgment.
Code of Civil Procedure section 437c(h) provides that if it appears facts essential to justify opposition to a motion for summary judgment, upon a showing of good cause that an extension of time is needed to obtain those facts, “the court shall deny the motion, or order a continuance to permit affidavits to be obtained […]
Strict Compliance With Three-Day Pay Rent Or Quit Notice In Unlawful Detainer Action Required.
In an unlawful detainer action, the defendant argued the three-day notice to pay rent or quit was defective because it gave a web address, but not a physical address where the rent should be paid. The trial court determined Code of Civil Procedure section 1161(2) did not specifically require a physical address to be listed […]
Award Of Attorney Fees Against Law Firm Reversed.
A law firm unsuccessfully represented a man injured in an explosion in an action against a City. After the superior court granted summary judgment to the City, it awarded the City $102,296.20 for its attorney fees and costs against both the man and the attorneys who represented him. Code of Civil Procedure section 1038 provides public […]
Defendant’s Sexual Orientation Not Relevant; Conviction Reversed.
The woman defendant in a criminal trial was charged with molesting a six-year-old girl she babysat. She was convicted and sentenced to 16 years in prison. During closing arguments, the prosecutor repeatedly urged the jury to consider the defendant’s sexual orientation in deciding the truth of the charges against her. In reversing her conviction, the […]
Limited Civil Case For Debt Collection Reversed Based Upon Documentary Evidence.
A purchaser of a delinquent debt, the plaintiff, filed an action against the debtor, defendant. In limited civil cases, under Code of Civil Procedure section 98, documentary evidence may be introduced at trial under certain circumstances, including that the affiant is located within 150 miles of the place of trial, and, thus, available for service […]
Wrongful Termination Cause Of Action Adequately Pled, But Not IIED.
In a wrongful termination action, the trial court sustained the demurrer without leave to amend. With regard to the wrongful termination cause of action, itself, the appellate court found plaintiff adequately pled allegations he was fired in violation of public policy for complaining to management about fraudulent warranty repair claims on automobiles being submitted to […]
Arbitrator’s Disclosure Obligations And Motion To Vacate.
In Dornbirer v. Kaiser Foundation (2008) 166 Cal.App.4th 831, [83 Cal.Rptr.3d 116], the arbitrator in a dispute between a patient and her medical provider (Kaiser) disclosed his prior participation in several matters involving Kaiser and its legal counsel. The disclosure statement omitted multiple pieces of information required under Code of Civil Procedure section 1281.9, including […]
Court Erred In Denying Fee Award Because Memorandum Of Costs Not Also Filed.
A settlement agreement resolving a wrongful termination action required the former employees to return certain of the employer’s property and that the employees not disclose certain information. When some documents were not returned and some disclosures were made, the former employer proceeded to arbitration under the terms of the settlement agreement, and the arbitrator awarded […]
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