An employee sued his employer for wrongful termination. The employer cross-complained for malicious prosecution, contending the employee had maliciously prosecuted a meritless claim for unemployment insurance benefits. The employee’s special motion to strike under the anti-SLAPP statute [Code of Civil Procedure section 425.16] was denied. The court of appeal reversed, stating: “Having determined that the malicious […]
Evidence Permitted Against Defendant Dismissed Pursuant To Nonsuit.
A woman underwent the surgical removal of her gallbladder. Problems started the next day with shortness of breath, low blood pressure and chest pain. She was taken to ICU and multiple tests and procedures were performed. She was placed on a ventilator. A problem ensued with the ventilator and a nurse manually provided oxygen while a […]
Pedestrian Did Not Qualify For Underinsured Motorist Coverage Of Her Father’s Insurance Policy.
Two pedestrians were killed by an underinsured motorist. The father of one of them, who had his own underinsurance coverage, claimed than his insurance company also provided insurance for his daughter. The daughter was 39 years old, and while she had lived with her father, for at least a year prior to the accident, she lived […]
Suit Based On Contents Of Television Script Is Subject To Anti-SLAPP Statute.
Defendant used the true names of his real estate agents in the early drafts of a television script. The agents sued for defamation and false light invasion of privacy. Defendant moved to strike the complaint under the anti-SLAPP statute but the trial court ruled the claims were not covered by the statute. The Court of Appeal […]
The Five-Year Rule Is Still Here.
Plaintiff filed a complaint on November 13, 2006. During the following years, there were various events. At one point, the trial court stayed the action while the parties engaged in mediation. One of the plaintiffs passed away. One of the defendants was in bankruptcy for many months. The complaint was amended five times. In May 2012, […]
Whether Standby Time Is Work Time, Requiring Compensation Is A Question Of Fact.
Employee of company providing emergency cleanup of the California coast was compensated for 12 hours per day for “work time.” But, in addition, he was on 45 minute standby duty for another four hours. He sought overtime pay for the standby time period and the trial court granted his employer’s motion for summary judgment. The Court […]
Request To Enter Default Judgment Must Include Attorney Fees; They May Not Be Awarded On Motion Following Entry Of Judgment.
When seeking a default judgment, plaintiff indicated in his form declaration he was seeking damages and costs. After the court entered the default judgment, plaintiff filed a noticed motion seeking an award of attorney fees as authorized under the applicable statute. The trial court denied the motion and the Court of Appeal affirmed. A default judgment […]
Arbitration Is ” Trial On The Merits. ”
After plaintiffs lost their contract claim in judicial arbitration, and the arbitrator awarded attorney fees to defendants, plaintiffs, after first filing a demand for trial de novo, filed a voluntary dismissal of their action. Defendants moved for judgment on the attorney fee award and the trial court granted the motion. Plaintiffs appealed, contending that, before judgment […]
Cost Of Subpoenaed Peace Officer — Attorney May Be Liable For Reimbursing Public Agency.
Government Code section 68097.2 provides that when a peace officer is subpoenaed, “the party at whose request the subpoena is issued” must reimburse the public entity. In Maddox v. City of Costa Mesa (Cal. App. Fourth Dist., Div. 3; March 24, 2011) 193 Cal.App.4th 1098, [122 Cal.Rptr.3d 629], the attorney signed the subpoena. When presented with a […]
Court Has Jurisdiction To Order Refund Of Overpaid Medical Lien.
After he obtained a partial settlement of a medical malpractice suit, plaintiff paid Medi-Cal $440,000 in “partial reimbursement” of its lien. After further settlements, the trial court ruled that plaintiff had overpaid Medi-Cal $250,000 but it also ruled it lacked jurisdiction to order a refund. The Court of Appeal disagreed. Under Welfare & Institutions Code section […]
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