Judgment debtors argued they needed the court to stay enforcement of a judgment because there would be a setoff from the judgment once the trial against other defendants was concluded, and that prejudice would be suffered if the entire amount were collected from them. The trial court ordered enforcement of the judgment stayed pending trial against […]
Wards Qualify For Status As Special Immigrant Juveniles Under Welfare and Institutions Code Section 602 As Well As Dependents Under Welfare and Institutions Code Section 300.
Petitioner in a writ of mandate proceeding was born in Mexico in 1995,brought to the United States by his mother when he was five years old and never returned to Mexico. Three years later, his mother abandoned him; she died in 2010. He got in trouble with the law, was declared a ward of the juvenile […]
Claims For Retaliation Under The False Claims Act Give State Courts Concurrent Jurisdiction Over Actions.
A medical doctor was fired after he allegedly complained about billing practices that he believed to be fraud against Medicare and Medi-Cal. The trial court sustained the demurrer without leave to amend on the doctor’s cause of action under the False Claims Act [FCA; 31 U.S.C. § 3730(h)] for retaliation because of lack of subject matter […]
Settlement Bars Claim To Bing Crosby Right Of Publicity.
Entertainer Bing Crosby married Wilma, and he and his wife had four sons. When Wilma died in 1952, her will provided that her community property be distributed in trust to their four sons. Bing Crosby married Kathryn and remained married until he died in 1977. He left the residue of his estate in trust for the […]
Employee Not Guaranteed No Loss Of Salary After Returning To Work.
When injured on the job, a deputy sheriff earned a five percent (5%) differential for working the night shift. When he returned to work, he worked at full duty for a few months and was then placed on modified duty by a physician. He was assigned to the day shift and received no pay differential. Labor […]
Grandparent Visitation After Divorce.
A mother and a father had a child and later divorced. The mother later married someoneelse, and they had children. The child’s paternal grandmother, who was formerly the child’s caregiver, petitioned the superior court for child visitation. Family Code section 3104, limits grandparent visitation when the parents are married and living together, but provides an […]
Food Trucks: American Cuisine On The Go.
A catering company owned a fleet of food trucks which were leased to operators who drove from site to site selling food. One truck was leased by a husband and wife. That truck was equipped with two seats, two seat belts, and specially designed, built-in equipment including a deep fryer, grill, steam table, oven, refrigerator and […]
Lack Of Legal Duty Not Fatal To Plaintiff’s’ Claim.
Prior to and during a woman’s pregnancy, the baby’s father worked as an engineer for defendant. The baby was born with a number of birth defects, allegedly caused by the father’s exposure to toxic chemicals at defendant’s facility. The trial court granted summary judgment to defendant on plaintiffs’ claims on the ground defendant owed no legal […]
Part Of Plaintiff’s Failure To Warn Claim Is Preempted; Part Is Not.
Defendant manufactures a medical device, Infuse, used in surgery to strengthen the spines of individuals with degenerated vertebral discs. The Food and Drug Administration [FDA] granted approval for certain types of uses, but not for the type of use performed upon plaintiff, which was a posterior fusion. After plaintiff’s surgery, he suffered numbness and pain, and […]
Discovery Abuses: Play Nice Or Pay The Price!
The trial court ordered the entry of default after finding discovery abuses, including the concealment and destruction of requested documents. At the prove-up hearing, the trial court determined plaintiff was entitled to $691,280 in damages. The appellate court affirmed, concluding defendants willfully failed to comply with court orders, and that defendants “willfully concealed or destroyed written […]
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