A blanket order in LASC’s juvenile court provides that all members of the press “shall be allowed access” to dependency hearings unless there is a reasonable likelihood that access will be harmful to the child’s best interests.” The order further provides that no one may be denied access to a courtroom until an objection has been […]
Trial Court Has Subject Matter Jurisdiction.
Plaintiffs are the heirs of a man who was electrocuted while trimming trees. Defendants are a tree inspection company and a utility. The trial court granted the defendants’ motion to dismiss “because this court lacks subject matter jurisdiction under Public Utilities Code section 1759.” The appellate court reversed, stating: “We hold only that the superior […]
Permit Condition Removed Because No Subdivision Of Land Involved.
A city’s municipal code states no grading permit shall be issued for a hillside site larger than 60,000 square feet unless a “tentative tract map” has been approved by a city planner. Here, a property owner sought a permit for construction of a three-residence family compound over hillside lots totaling 85,000 square feet. The trial […]
Discovery Of Portions Of Other Patient’s Hospital Records Ordered.
The sons of a woman who died after hip replacement surgery brought an action against the hospital and doctors. The post-operative order for decedent provided for morphine and Dilaudid as pain medication, but the form order left blank spaces for the doses and intervals for their administration, and did not provide whether the pain medications […]
California Safe Drinking Water and Toxic Enforcement Act of 1986; The Sky Is Falling!
Plaintiff, who describes itself as a nonprofit organization “committed to promoting a safe and healthful diet and to protecting consumers from food and drink that are dangerous or unhealthful,” filed an action seeking injunctive and declaratory relief and civil penalties against seven chain restaurants alleging their grilled chicken created a chemical called PhIP, which appears […]
Anti-Slapp Motion Apparently Viewed As A Tactic To Delay Plaintiff’s Case.
Plaintiff is a tenant in a building and alleges significant maintenance and repair issues, including airborne contaminants. According to the complaint, defendants had plaintiff evicted to perform significant repairs, but did no repairs, and would not permit plaintiff to take possession again. So, plaintiff brought an action for breach of warranty of habitability and several […]
Because Court Rejected Proposed Special Verdict Form Judgment In Jury Trial Reversed.
Defendant in an automobile accident case submitted a special verdict form that would have required the jury to consider the fault of both parties, as well as a non-party, for purposes of allocating liability for plaintiff’s noneconomic damages. According to plaintiff, she was a passenger in the back seat of a car stopped at a […]
Express Oral Findings Sufficient For FEHA Attorney Fees Award.
Plaintiff was employed by a university and terminated due to his harassment of a female employee after being given several warnings. In his action under the California Fair Employment and Housing Act (Government Code section 12900; FEHA), he contended his termination for harassment was a pretext for racial discrimination. Other than testifying he believed he […]
Duty Of Care To Four-Year-Old Guest Using Pool.
A four-year-old drowned in the pool of a home friends of his family rented. His parents brought an action against the homeowners and the property management company. The trial court granted defendants’ motion for summary judgment on the ground defendants owed no duty of care to a guest of the tenants. With regard to the […]
No Civil Enforcement Of Workplace Safety By Prosecutors Under Consumer Protection Statute.
Defendant manufactures plastic products. In 2009, a water heater exploded, killing two workers instantly. After the incident, California’s Division of Occupational Safety and Health (Cal/OSHA) opened an investigation and determined the explosion had been caused by a failed safety valve and the lack of “any other suitable safety feature on the heater” due to “manipulation […]
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