Plaintiff, who was the defendant in an underlying action, brought a malicious prosecution action. The trial court dismissed the malicious prosecution action against some of the attorney defendants pursuant to an anti-SLAPP motion to strike [CCP §425.16] and granted attorney fees to them, after they argued they played only a passive role in the underlying […]
Court Erred In Finding A Lack Of Mutual Assent.
A commodities merchandiser entered into 12 contracts. It sued the buyer alleging it failed to accept and pay for some of the merchandise. After a bench trial, the court found there was no mutual assent for lack of certain contract terms. Judgment was entered for the buyer. The Court of Appeal reversed, stating in part: […]
California Legislature Passes Homeowners’ Bill Of Rights
State lawmakers approved a series of foreclosure relief bills Monday, July 2, 2012, that supporters say will help hundreds of thousands of struggling Californians stay in their homes. The legislation, opposed by banks that in previous years had succeeded in killing similar proposals, is meant to help people at risk of foreclosure stay in their […]
Bank Needs Thicker Skin.
Former vice-president of a bank published 21 allegedly defamatory statements in the “Rants and Raves” section on Craigslist. One of the postings was: “Being a stockholder of this screwed up Bank, this year there was no dividend paid. The bitch CEO that runs this Bank thinks that the Bank is her [personal] Bank to do […]
When You Point A Finger At A Doctor, Back It Up.
Plaintiff was injured when an elevator fell six floors. One of the defendants asked a question at trial about whether or not a treating physician met the standard of care. The trial judge sustained the plaintiff attorney’s objection. During deliberations, the jury asked whether it could assign a percentage of responsibility to a person not […]
Website Alleged To Have Shared User Data Settles For $38 Million.
The company that operates Proflowers.com and RedEnvelope.com has agreed to a $38 Million settlement of a class action law suit alleging that it violated its own privacy policy when it shared user data with a marketing partner without user consent. The plaintiffs alleged that they were harmed because the partner, an operator of a discount […]
Vicarious Liability For Spam Texts.
Spam is irritating, whether it comes by e-mail or text message, even though it’s actually pretty easy just to delete it. A group of customers of Heartland Automotive Services, a franchisee which operated Jiffy Lube service stations, found the spam texts they received sufficiently annoying that they initiated class proceedings: In re: Jiffy Lube Int’l […]
Carry On [Probation], Nurse.
Registered Nurse with a blood alcohol of .16 lost control of a car on the freeway, was convicted of a misdemeanor and placed on three years probation. The Board of Registered Nursing revoked the R.N.’s license to practice nursing, but stayed revocation subject to three years probation. The R.N. convinced the superior court the Board […]
Under Oath And The First Amendment.
A city employee was subpoenaed for her deposition in a civil rights case filed by a former employee. The deponent testified the assistant police chief was critical of the former employee. The deponent was fired and she sued alleging retaliation in violation of her First Amendment rights. The trial court denied the assistant police chief’s […]
Judgment On The Pleadings Against Manufacturer Reversed.
A few months ago, the California Supreme Court limited the liability of manufacturers resulting from asbestos manufactured by third parties in O’Neil v. Crane Co. (2012) 53 Cal.4th 335, [266 P.3d 987; 135 Cal.Rptr.3d 288]. In this case, the Court of Appeal found the exception articulated in O’Neil comes into play, stating the machine here […]
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