Plaintiff, a bus driver for the County, filed a motion in the superior court seeking to have her disability retirement effective date as the day after she last received regular compensation, not when her workers’ compensation temporary disability pay period expired. The trial court entered an order stating her disability retirement was effective “the day following […]
Conspiracy Allegations To Go Back Into Fraudulent Estate Planning Pleading.
In the same action, but in a separate appeal, the law firm convinced the trial court to strike all conspiracy allegations from the plaintiffs’ pleading because Civil Code section 1714.10 bars the action. Civil Code section 1714.10, was enacted to combat “the use of frivolous conspiracy claims that were brought as a tactical ploy against attorneys […]
Statute Of Limitations Does Not Bar Action Against Lawyers.
A trustee who is a lawyer and was a lifelong friend of the plaintiffs, a large family, allegedly teamed up with another lawyer and a law firm to “drain off” $25 million from a composite family estate. The family brought an action against the lawyers for fraud, intentional and negligent misrepresentation, fraud by concealment, constructive fraud, breach […]
Waiver: Trial Court, Not The Arbitrator, Decides Whether Party Waived Right To Arbitrate By Pursuing Litigation.
The trial court denied defendant’s petition to compel arbitration. On appeal, defendant contended that whether or not a party has waived the right to arbitrate by pursing litigation in the trial court should be decided by the arbitrator. Defendant cited language appearing in Howsam v. Dean Witter Reynolds, Inc. (2002) 537 U.S. 79, [123 S.Ct. 588; […]
No Request For Correction Means No General Or Punitive Damages Against Dr. Phil.
In a petition for writ of mandate, the real party in interest is the host of a television show. Petitioners are two men who are residents of Aruba who were questioned in connection with the 2005 disappearance of Natalee Holloway, an American teenager who disappeared while on a high school trip on Aruba. Real party’s television […]
Late Filing Of Undertaking Causes Employer’s Appeal To Be Dismissed.
A welder prevailed before the Labor Commissioner, and the employer filed a notice of appeal which is the statutory prerequisite for obtaining a trial de novo in superior court. The welder filed a motion to dismiss the employer’s appeal on the ground the employer failed to timely post an undertaking as is required by Labor Code […]
Not Cruel And Unusual Punishment To Sentence Juvenile 45 Years To Life In Prison.
A 17-year-old broke into a family home while the family slept. He shot and wounded one of the occupants. On appeal, he contended his 45-year-to-life sentence is cruel and unusual punishment within the meaning of the Eighth Amendment. The appellate court noted that in September 2013, Penal Code section 3051 was amended. The amended statute “requires the […]
Use Of Property Easement Limited To Its Historic Use.
The same piece of property is the subject of both a lease and an easement. Plaintiffs own the property and defendants park their garbage trucks and place their storage bins on the property. The trial court ruled that, assuming the 22-year-old lease was valid, it had been abandoned because defendant “clearly disregarded the lease as soon […]
Big Difference For Real Estate Agent When Criminal Conviction Is Dismissed “In The Interests Of Justice” Under Penal Code Section 1385 Than When It’s Expunged Under Penal Code Section 1203.4.
In January 2009, a licensed real estate agent pleaded no contest and was convicted of misdemeanor hit and run with property damage in violation of Vehicle Code section 20002(a). In April 2010, after negotiations with the district attorney, the court granted the real estate’s motion to set aside her no contest plea. The court also granted […]
Hiring Decision Involved Exercise Of Free Speech.
Plaintiff filed a discrimination complaint alleging that CBS Broadcasting refused to hire him as a weather news anchor because of his gender and age. CBS filed a motion to strike the complaint pursuant to the anti-SLAPP statute [Code of Civil Procedure section 425.16], arguing that its selection of a newscaster qualified as an act in furtherance […]
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