Landlords filed an unlawful detainer action, dismissing it prior to trial purportedly due to the unavailability of an essential witness. The tenant filed an action for nuisance, negligence, and intentional and negligent interference with contract. The trial court granted the landlords’ anti-SLAPP motion because the filing of an unlawful detainer action is a protected activity. […]
No Insurance Coverage For Water Damage.
Property damage resulted after a toilet malfunctioned when it failed to shut off the intake of water and, because there was blockage in the sewer line, the toilet overflowed. Exclusion in the insurance contract says the policy excludes any “loss or damage caused directly or indirectly by . . . [w]ater that backs up or […]
Marriage Does Not Automatically Invalidate A Domestic Partnership Agreement.
Two men entered into a written domestic partnership agreement and then registered as domestic partners. Later, during the brief period when same-sex marriages were legal in California in 2008, they married. Shortly afterward, one died. The surviving spouse claimed an interest in the estate of the deceased, and the probate court limited him to what […]
Area Outside Public Library Is A Public Forum.
To regulate leafleting on a municipal library campus, a City Council adopted a Handbill Ordinance restricting leafleting to the front of the library and prohibiting it on vehicles in the parking lot. It also prohibited “offensively coarse” language and gestures and required online reservations to use the “free speech area.” Plaintiffs obtained a preliminary injunction […]
After Judgment Of Dismissal In Favor Of The Defense, Plaintiffs Must Pay Defense Costs Of Providing Notice To Class Members.
A judgment of dismissal was entered by the trial court in favor of an insurance company in a case which was tentatively certified as a class action. The members of the putative class were insureds who paid their premiums in monthly installments. The trial court granted plaintiffs’ motion to tax costs of $713,463.72 incurred by […]
No Fees For Trustee Of Special Needs Trust.
Plaintiff served as trustee of a special needs trust for four and a half months. The trust specified that any trustee who succeeded the public guardian was not entitled to compensation. Nonetheless plaintiff billed the estate $108,771.07, and the trial court awarded him $51,285.63, likely because it was the court who had appointed that particular […]
Employer Not Estopped From Asserting Plaintiff Did Not Qualify For Family Leave.
An employee brought an action for wrongful termination against public policy after his requested family leave under the federal and state family leave laws [29 U.S.C. §2601; Government Code sections 12945.1-12945.3.] was denied. The plaintiff, a driver for a linen supply company, informed his supervisor that he needed seven weeks off to go to Sweden […]
Whistle Blower Statute Applying To Violations Of State Laws Does Not Apply To Violations Of Charter City’s “Municipal” Laws.
Plaintiff brought an action against a city for wrongful termination in retaliation for her refusal to violate the City’s charter, municipal code and its civil service rules and regulations. The trial court dismissed the whistle blower action under Labor Code section 1102.5 (c). The appellate court affirmed, stating: “The primary question presented by this appeal […]
City Did Not Improperly Exclude Adjacent Pending Residential/Commercial Development From Its EIR.
The trial court denied a group’s petition for writ of mandate to vacate certification of an environmental impact report [EIR]. Petitioners claimed the City wrongly defined the project to exclude the pending residential and commercial development on an adjacent property, and that the project is interrelated with the City’s development of a park. The appellate […]
Defendant In Civil Child Molestation Action Restrained From Transferring His Assets Pretrial.
Plaintiff brought an action against defendant for child molestation, alleging he repeatedly sexually molested her from the age of 12 until she was 21, a month after he pleaded no contest to one felony count of lewd contact with a child under the age of 14. Pretrial in granting a preliminary injunction, the trial court […]
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