Plaintiff was diagnosed with mesothelioma in 2010. He filed an action alleging he was exposed to asbestos when he worked at a Goodyear plant from 1968 until 1979, and died while the action was pending. The personal injury action was converted to a survival and wrongful death action. Defendant is a manufacturer of insulation. Defendant […]
Okay To Require Exempt Employees To Dip Into Annual Leave Time When Absent For Portions Of A Day.
Employer has a practice of requiring exempt employees to use their annual leave hours when they are absent from work for portions of a day. A 2005 appellate decision [Conley v. Pacific Gas & Electric (2005) 131 Cal.App.4th 260, [31 Cal.Rptr.3d 719]] established that California law does not prohibit such a policy, but plaintiff contends […]
Arbitration Agreement Not Unconscionable.
Plaintiff and defendant entered into an employment contract. One of the provisions stated: “All disputes among the parties arising out of or related to this Agreement which have not been settled by mediation shall be resolved by binding arbitration within the State of Washington. . . .” Another provision stated: “This agreement shall be governed by, construed […]
Injuries Caused By Bicyclist . . . A Criminal Case.
While riding his bicycle, a defendant in a criminal matter collided with a pedestrian, seriously injuring her. The district attorney charged him with recklessly driving a “vehicle” under Vehicle Code section 23103. One section of the code, however, defines “vehicle” in a way that excludes bicycles. (Veh.Code § 670.) Another section of the code subjects […]
Wrong Standard Of Review Applied In Disability Retirement Petition For Writ Of Mandate.
In his first application for industrial disability retirement, a police officer said he could not work because of back pain. After his first application was denied, he submitted a second one stating he experienced PTSD [post-traumatic stress disorder], specifically flashbacks and nightmares about his combat experience during the Gulf War, early in his career with […]
Legal Malpractice Statute Of Limitations.
Plaintiff hired a lawyer to represent her in litigation. After settlement, plaintiff sought a refund of unearned attorney fees she had advanced as the lawyer had written her a letter stating she had a credit balance of $46,321.85 and the invoice so reflected. When the refund was not forthcoming, she hired another lawyer to try […]
Substantial Factor, Not But-For Test, Applies In Suit Against Drug Company.
A former drug salesman filed a qui tam action [qui tam is short for the Latin phrase qui tam pro domino rege quam pro se ipso in hac parte sequitur which means “who pursues this action on our Lord the King’s behalf as well as his own.”] against his former employer, a drug company. The California […]
Personal Injury Practice Is Quite Complicated Indeed.
A plaintiffs’ law firm filed a personal injury accident in court against a defendant who allegedly caused a vehicle collision. The defendant driver had $100,000 in liability coverage. The injured plaintiff’s employer’s workers’ compensation carrier filed a complaint in intervention, contending the benefits it paid exceeded $100,000, and asserted a right to reimbursement. When the […]
Defendants Took Drunk Friend To The Edge Of A Cliff, And Then Didn’t Call For Help When He Fell.
Plaintiff was severely injured from a fall from the edge of a cliff above the Sacramento River in Redding. Although he cannot recall how or why he fell, he sued his two companions, asserting causes of action for assault and battery, negligence, willful misconduct, and intentional infliction of emotional distress. He claims that defendants put him […]
Mechanic’s Lien Eliminated After Deed In Lieu Of Foreclosure.
Property was subject to a first deed of trust and a mechanic’s lien. The property owner defaulted on the loan secured by the trust deed. Faced with foreclosure on that senior debt, the property owner gave the trust deed beneficiary title to the property by means of a grant deed in lieu of foreclosure. The […]
- « Previous Page
- 1
- …
- 32
- 33
- 34
- 35
- 36
- …
- 105
- Next Page »