In a whistleblower retaliation lawsuit brought by a deputy sheriff under Labor Code section 1102.5 (b), the jury returned a special verdict in the deputy’s favor, awarding $4,506,015 in damages, $2,006,015 in lost earnings ($806,041 in backpay and $1,199,974 in future lost income), and $2,500,000 in non-economic damages. On appeal, the County contended there were […]
If A Tree Falls On A House And No One Is Around To Prune It, Does It Make A Lawsuit?
During a windstorm, a tree owned by a City fell on a residence. As a result of the damage caused to the house, the homeowner’s insurer paid benefits for the damage under the homeowner’s insurance policy. The insurer then sued the City for inverse condemnation and nuisance based on the damages caused by the tree. […]
Denial Of Class Certification Motion Reversed.
In opposing class certification in a wage and hour case involving the potential of 53 class members, defendant produced 38 settlement agreements with putative class members, most of which provided they “released” defendant “from any and all liability” as well as 24 arbitration agreements with putative class members. The trial court found that a proposed […]
Demurrer Procedures Explained.
In a wrongful termination action, the trial court sustained defendant’s demurrer. On appeal, the plaintiff contended the defendant’s demurrer, filed 29 days after the second amended complaint [SAC] was filed, was untimely because defendant had only ten days to file it pursuant to California Rules of Court, Rule 3.1320(j). Code of Civil Procedure section 471.5, […]
Summary Judgment Affirmed On Fraud Causes Of Action.
Cross-complainant purchased Blackacre. After close of escrow, the owners of the adjacent property, Whiteacre, claimed easement rights across Blackacre and sued to quiet title. The dispute concerned the use of a paved driveway between two commercial properties which had been openly and notoriously used by Whiteacre for years. The owner of Blackacre cross-complained for concealment/suppression […]
Insurance Company Ordered To Turn Privilege Documents Over To Its Own Attorneys.
In a wrongful termination action, an insurance company defendant withheld or redacted documents requested on the ground they contain privileged or confidential information. Further, the insurance company insisted parties could not disclose the information, even to their own attorneys in the case. The superior court ordered the document in each party’s possession could be disclosed […]
Motion To Compel Arbitration Denied.
In a breach of personal service suit, the trial court denied defendant employer’s petition to compel arbitration. The collective bargaining agreement’s grievance procedure consists of three steps. Step 1 allows the union or an employee to resolve a grievance by discussion with the supervisor. Step 2 permits resolution of the grievance if the union is […]
Trial Court Erred In Denying Motion For Class Certification.
Plaintiff filed a putative class action against Home Service on behalf of customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. He alleged causes of action for violation of Labor Code section 2802; unfair business practices under Business and Professions Code section 17200 et seq.; declaratory relief; […]
Attorney Stiffed For Contingent Fees Must Sue The Client, Not The Second Attorney For Breach Of Contract, But May Bring Both Client And Second Lawyer Into A Declaratory Relief Action To Set The Reasonable Value Of Services.
Plaintiff was the first lawyer to represent two clients in a personal injury case. Defendant was the second lawyer. Defendant obtained a settlement payment for the clients which he deposited in his client trust fund account. Plaintiff demanded payment of attorney fees from defendant; when he was unsuccessful, he sued defendant on the theory he […]
Visitation: Grandparent’s Rights vs. Mother’s Right To Parent.
A juvenile court judge in dependency court terminated the court’s jurisdiction over a minor. At the same time, the court ordered regular visitation with the paternal grandmother. The child’s mother contended the visitation order impermissibly infringed on her fundamental parenting rights under the Fourteenth Amendment to the United States Constitution. Welfare and Institutions Code section […]
- « Previous Page
- 1
- …
- 29
- 30
- 31
- 32
- 33
- …
- 105
- Next Page »