The question on appeal was whether tow truck companies and drivers must obtain a permit in each jurisdiction in which they tow cars. The appellate court concluded a city was only authorized to regulate those tow truck companies and drivers who maintain their principal place of business or employment in that city. (California Tow Truck […]
Right To Retreat Back To Nonmanagerial Position After Being Fired From Managerial Position.
After working for a state university for more than 20 years in a nonmanagerial position, plaintiff was hired as a manager. Things did not work out, and she was fired. She brought an action against the university. Prior to trial, the trial court granted defendant’s summary adjudication of issues on plaintiff’s contention she had a […]
Non-Disclosure Agreement: Whoever Keeps His Mouth And His Tongue Keeps Himself Out Of Trouble. Proverbs 21:23.
An inventor of a memory chip design brought an action against defendants alleging misappropriation of trade secrets, unfair competition, breach of contract and related causes of action, but the amended and operative pleading was only for breach of contract. A jury found the defendant breached the non-disclosure agreement signed at the outset of negotiations and […]
Claim Of Equitable Tolling Of Statute Of Limitations While Plaintiff Pursued Her Work Comp Case.
Plaintiff fell from an outdoor balcony at the offices of her employer. Immediately she began receiving workers’ compensation benefits and later filed a claim with the Workers’ Compensation Appeals Board seeking additional benefits. More than two years after the fall, she filed a superior court action for premises liability against the building owners. She alleged […]
Homeowners Association Meetings Fall Outside The Scope Of Official Meetings Within The Meaning Of The Anti-SLAPP Statute.
The trails developed by a developer adjacent to a housing community were badly damaged during rains and flooding in 2005. The home owners association brought an action against the developers for construction defects. The HOA also sued three former employees of the developers who were appointed by the developers to be members of the HOA […]
Appellate Courts Split On Which Statute Of Limitations Applies For Malicious Prosecution Against Attorneys.
When attorneys were sued for malicious prosecution 13 months after resolution of the underlying action, they brought a motion to strike, citing the one-year statute of limitations under Code of Civil Procedure section 340.6 and Vafi v. McCloskey (2011) 193 Cal.App. 4th 874, [122 Cal.Rptr.3d 608], which held that the one-year statute applied in a […]
Patient Authorization Not Required For Access To Prescription Database.
The Medical Board of California issued investigative subpoenas in connection with the investigation of a doctor for prescribing excessive controlled substances. The investigator sent letters to five patients requesting release of their medical records, and the patients objected, so the doctor would not produce the requested information. The Board accessed a computerized database of controlled […]
Employer Says He Was Not An Employee And Doesn’t Pay Him, And Insurance Company Gets Off Because The Trial Court Said He Was An Employee.
Appellant is one of two truck drivers paid a lump sum for a cross-country haul. While appellant was sleeping, the other driver was in a one-vehicle accident, and the truck company refused to pay the lump sum because he did not finish the trip. The company also informed him he was not eligible for worker’s […]
Parents May Limit Court’s Jurisdiction In Adult Child Support Order, But They Didn’t Limit It Here.
When a couple divorced in 2001, they reached an agreement to equally split the future college expenses for their three minor children. Eleven years later, their daughter began incurring significant expenses, but by then the [former] wife was disabled and had an income of less than $23,000/year; whereas, the [former] husband’s income was over $400,000. […]
Time For Appealing Issuance Of A Domestic Violence Restraining Order.
In the midst of a divorce, the court ordered a domestic violence restraining order against the husband and in favor of the wife. Both the husband and his lawyer were in the courtroom when it was ordered. Neither the wife nor the court clerk served a document entitled “Notice of Entry” of the restraining order or a […]
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