A wholesale food distributor with its principal place of business in San Diego contracted with a restaurant chain and entered into a “Master Foodservice Distribution Agreement” [MFDA]. The MFDA contained a venue selection clause stating “any litigation related to or arising from this Agreement may be brought in a state or federal court located within Orange […]
Bicycle On A Sidewalk.
Plaintiff college student left college on his bicycle. At first, he traveled on the street with the vehicular traffic, then he crossed to the sidewalk against the flow of traffic on the street. As he approached a supermarket parking lot, defendant drove her car out of the parking lot, over the threshold between the parking […]
If At First You Don’t Succeed With A Motion For Mandatory Relief, Don’t Wait Too Long To Try, Try Again.
In a dispute involving construction of a condominium project, defendants failed to file a responsive pleading after the court denied defendants’ petition to order the matter into arbitration. The trial court entered a $1.7 million default judgment. Defendants moved for mandatory relief pursuant to Code of Civil Procedure section 473(b), which the trial court denied because […]
Rule Set Forth In Howell v. Hamilton Meats & Provisions, Inc. Applied During Post-Trial Motion.
As plaintiff, a disabled man, passed through the threshold of a door to exit a store, the automatic doors closed on him three or four times before he was able to pass through. When he made it through the doors, he fell to the ground because his leg became twisted. He was taken by ambulance to […]
Writer Unable To Show ABC Had Access To His Ideas When It Created “LOST.”
In 1977, plaintiff, a writer, submitted to ABC a script called “L.O.S.T.” about a group of eight survivors connected to the U.S. Olympic team whose plane crash-lands deep in the Himalayas. ” Five of the survivors are Olympic-bound athletes, one is the team physician, one is a television reporter, and one is the pilot. Among the […]
An Appellate Court Has The Inherent Power Under The “ Disentitlement Doctrine ” To Dismiss An Appeal By A Party Who Refuses To Comply With A Lower Court Order.
Defendants, an individual and a corporation located in New York, appealed from a California judgment in favor of plaintiffs, but did not post a bond to stay enforcement of the judgment. Plaintiffs registered the judgment in New York and proceeded with execution. Defendants did not comply with a New York subpoena or with a New York […]
County Not Responsible On Civil Rights Violations For Fake Letters Written By Its Employee For Personal Reasons.
A correctional officer accessed information about various jail inmates and wrote fake letters to those inmates, signing the name of another inmate who had brought a personal injury lawsuit against the correctional officer. The inmate whose name was used in the letters brought a lawsuit against the county for the actions of the correctional officer, a […]
Adverse Possession Law Students Will Be Tortured With Blackacre Hypos Based On This One!
Owner of a 30-acre parcel of land [owner #1] placed a boundary fence in the wrong place in 1987. Since then, owner #1 has been occupying and improving the .44-acre of the 173-acre parcel owned by owner #2, a religious group. Owner #1 paid no taxes on that .44-acre piece of land, but, because it was […]
Bureaucracy v. Lies With In-Home Supportive Services.
A county determined a disabled woman was eligible to receive In-Home Supportive Services [IHSS; Welfare & Institutions Code section 12300], and she selected her son to be her individual provider. The county sought return of $29,560 it paid to the son on the ground he did not perform the services. In fact, it was the […]
Law Firm’s Arbitration Petition Denied In Employment Case.
In an employment discrimination action, defendant law firm petitioned to compel arbitration of the claims based on a letter agreement: “You and the Firm agree that any legal disputes which may occur between you and the Firm and which arise out of, or are related in any way to your employment with the Firm or its […]
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