The court’s introduction says it all: “Defendant [] was charged with a number of drug offenses that exposed him to a maximum of 11 years in state prison. How did defendant attempt to avoid those 11 years? By trying to kill the detective whose testimony was required to convict him, of course. None of the […]
Apportionment Of Fault In Product Liability Trial.
A vehicle traveling at a high rate of speed slammed into a line of vehicles stopped at an intersection, thus propelling a vehicle into the back of plaintiff’s Nissan Frontier pickup truck. The force of the collision caused plaintiff’s seatback to collapse and plaintiff to slide up the seat. Plaintiff’s head struck her vehicle’s back […]
Non Opt-Out Provision In Class Action Violates Due Process.
The Americans with Disabilities Act [42 U.S.C. § 12132; ADA] and the Unruh Civil Rights Act [Civil Code section 51] require cities to make newly built and altered sidewalks readily accessible to individuals with disabilities. After the parties in this action agreed to certify a non opt-out class involving violations of California law and settle […]
Another Water Issue; This One Involving Eminent Domain.
The State of California seeks to build a tunnel to transport water from the north to the south. Before condemning the land needed for the project, it desires to study the environmental and geological suitability of hundreds of properties on which the tunnel may be constructed. The question in this case is whether or not […]
Information Sought In Discovery Involves Litigation Strategy.
The setting is a discovery dispute in a construction defect action. The trial court overruled the homeowner’s association’s claim of attorney-client privilege regarding efforts to depose individual homeowners regarding disclosures made at informational meetings about the litigation. The appellate court granted the association’s petition for writ of mandate, stating: “To the extent this record reveals […]
Death Row Inmate Wants D.A.’S Records.
A prisoner sentenced to death row seeks various records from the district attorney under the California Public Records Act [CPRA; Government Code section 6250] to assist in investigating whether the district attorney impermissibly sought the death penalty based on the race of the defendant, the victim, or both. In ordering the records produced, the appellate […]
Nonsignatory Beneficiary Of A Trust Cannot Be Compelled To Arbitration.
Plaintiff, a nonsignatory beneficiary of a trust which was amended to her detriment shortly before her mother’s death, brought an action for financial elder abuse. The issue is whether an arbitration clause in a trust document can bind a nonsignatory beneficiary. The trial court denied a petition to compel arbitration. Noting that plaintiff beneficiary “has […]
Although Outdated, Information Provided By Seller’s Broker Was Not Inaccurate.
The seller’s broker posted the following about a commercial parcel: “This parcel is in an earthquake study zone but has had a Fault Hazard Investigation completed and has been declared buildable by the investigating licensed geologist. Report available for serious buyers.” The report, however, was prepared in 1982, and it was posted in 2006 when […]
Trial Court’s Denial Of Petition To Compel Arbitration Reversed.
The trial judge denied defendant employer’s petition to compel arbitration in a wrongful termination case after finding the arbitration agreement was unconscionable. The arbitration agreement was presented to the plaintiff employee on a take-it-or-leave-it basis and his signature was a precondition to employment. But plaintiff contended he was already on the job working for over a week before […]
No Disqualification: I Told You About It; Now Forever Hold Your Peace.
It’s a family law case, and the commissioner presiding over the matter, who has post-judgment support matters still pending, has agreed to preside over the wedding of the wife’s lawyer. The husband petitioned the appellate court for a writ of mandate, seeking disqualification of the commissioner under Code of Civil Procedure section 170.1, which says a judge is disqualified if […]
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