In a class action, a plaintiff argues that a series of automated telephone calls placed to his home by Best Buy violated the Telephone Consumer Protection Act [TCPA, 47 U.S.C. §227]. The district court granted summary judgment for Best Buy and the Ninth Circuit reversed, rejecting Best Buy’s argument the calls were informational only. Chesbro […]
Supermarket Not Liable For Selling Beer To Passenger Of Driver Who Killed Another In Car Accident.
A checker at a Safeway store sold a 12-pack of beer to a man under the age of 21, who was the passenger in a car that caused an accident a few minutes later, killing the son of plaintiffs. The checker asked for identification and was shown a forged California driver’s license indicating the purchaser […]
Body Shop That Endorsed Insurance Check Held Liable For Conversion Of Credit Union’s Interest In The Proceeds.
A credit union financed the purchase of a Bentley in the amount of $136,126. The car was collateral for the loan and the owner was required to maintain insurance for the car. The owner did fulfill his obligation to have insurance but did not name the credit union as an additional insured on the policy. […]
Same Business, Different Name.
Investor provided $75,000 toward investment and was to receive 100 percent of the net cash receipts until his investment was recouped. Unbeknownst to him, the company formed another company doing the same kind of business under a different name. The court found the corporation could not escape liability by shifting assets and changing its name. […]
Insurance Company Can Require Insured To Obtain Its Consent Before Assigning Interest In Policy.
One Fluor Corp. assigned its rights under liability policies to another Fluor Corp. when they underwent complex corporate restructuring. In a declaratory relief action, the liability insurer objected that its approval was not given pursuant to a consent to assignment provision in the policy. Fluor contended the provision was void under an 1872 statute which […]
Rescue Dog Must Be Returned.
Plaintiff is a shelter that rescues animals. Spaying and neutering shelter animals is part of the organization’s mission to reduce the pet overpopulation problem, and is also required by Food and Agriculture Code §30503(a)(1). A dog named Lilly was placed with defendant, but at the time, Lilly was still too sick to be spayed. Defendant […]
Wal-Mart Supercenter Coming Soon.
A citizens group convinced the trial judge to invalidate a city’s approval for a retail store project. The Court of Appeal reversed, finding inter alia the failure of the notice of public hearing to include the planning commission’s recommendation of approval did not require the plan be set aside. Rialto Citizens for Responsible Growth v. […]
In California, Some Covenants Not To Compete Are Okay; Some Are Not.
Defendant sold his stock in Crave Entertainment Group to Handleman Company. As part of the stock purchase agreement, defendant signed a three-year covenant not to compete. At the same time, he signed an employment contract with Crave, by then owned by Handleman. The employment agreement contained a one-year covenant not to compete which would become […]
Actress, Lisa Kudrow, “Pheobe” On Friends, Was Sued By Her Personal Manager. The Manager’s Expert’s Declaration In Opposition To Kudrow’s Motion For Summary Judgment Raised Questions Of Fact; Summary Judgment Reversed.
An entertainer (Lisa Kudrow) terminated the services of her personal manager, and the trial court granted summary judgment in favor of the entertainer after the manager brought a breach of contract action claiming he should continue to receive a percentage of her income pursuant to custom and usage in the industry. The trial judge excluded […]
Question Of Fact Regarding Slip & Fall On Spill In Store.
Plaintiff slipped and fell on jewelry cleaning solution in a jewelry store. The Trial court granted summary judgment because the store did not have actual or constructive notice of the spill. Appellate court reversed, noting “the reasonable inference to be drawn . . . is that one of defendant’s employees caused the cleaning fluid to […]
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