On behalf of her deceased husband, a wife sued the operators of two skilled nursing facilities for wrongful death of her husband and various torts. The two defendants petitioned the court to send the matter into arbitration based upon an arbitration agreement signed by the wife. The trial court found the wife did not have authority […]
Demand Futility In A Shareholder Derivative Action Not Adequately Alleged.
Plaintiff filed a shareholder derivative action against officers and directors of a publicly traded company incorporated in Delaware. The trial court sustained his demurrer without leave to amend for failure to allege facts to allege demand futility with the particularity required by Delaware law. The appellate court affirmed, stating that “plaintiff failed to plead particularized facts […]
Trustee Personally Liable For Torts Only If Personally At Fault.
Plaintiff rented a room in an attached garage. The property was owned by a trust. She fell when exiting the house on some steps at night, and claimed the steps were in a dangerous condition because of a lack of lighting. The trustee brought a motion for summary judgment on the ground of lack of personal […]
No Facts In Opposition To Motion For Summary Judgment.
A police department solicited bid proposals for its official police towing and storage. A towing company who did not get the bid brought an action against the city and three city council members, claiming the city council members had a conflict of interest and should not have voted on the bid. The trial court granted summary […]
The Whistleblower Protection Act Does Not Require A Governmental Claim Be Filed Prior To Filing Under Against Governmental Agency.
Plaintiff worked for the Department of Social Services. She reported certain “improper governmental activity” within the Department. Thereafter, she alleges in an action against the Department, pursuant to the Whistleblower Protection Act [WPA; Government Code section 8547], she was subjected to retaliation and discrimination. The trial court dismissed her action for failure to file a governmental […]
Statement Of Decision When Ruling Was By Piecemeal.
After a jury returned a complicated special verdict, the court heard argument on the equitable causes of action. After announcing the decision, the trial court stated that it did not intend its ruling to be final until it had made a decision on the issue of interest. A few months later, the court made a decision […]
Rent-Control Intricacies And Complications.
A mobile home park owner attempted to raise rents in a rent-control area, and the City’s Mobilehome Park Rental Review Board approved increases, but not in the amount sought. The mobile home park owner filed suit in federal court asserting facial and as-applied takings and due process claims. The federal trial court concluded the facial takings […]
Arbitration In Collective Bargaining Agreement Does Not Apply To Plaintiff’s Statutory Discrimination Claims.
Plaintiff, a member of a union, worked for defendant as a nurse assistant from when she was 45 years old until she was 66 years old when she developed a medical condition. Her doctor wrote a note stating she needed to stay off work for a few weeks. Plaintiff was terminated from her employment. She brought […]
No Showing Thief Ever Read Private Medical Information.
The chief security officer at UCLA’s school of medicine advised certain patients that an encrypted external hard drive containing some of their personally identifiable medical information, as well as the computer password, had been stolen in a home invasion robbery. A class action seeking damages pursuant to the Confidentiality of Medical Information Act [Civil Code section […]
California Highway Patrol Not A Special Employer Of Freeway Tow Truck Driver.
A tow truck driver who contracted with a county, part of the California Highway Patrol Freeway Service Patrol [FSP program], collided with a car, injuring the driver and her infant son. The CHP moved for summary judgment in the subsequent lawsuit on the ground it was not the tow truck driver’s special employer and therefore not […]
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