Vehicle Code section 21455(b) requires a public announcement and a 30-day period of warning devices with respect to a camera that records a traffic violation. The issue in the present case, heard by the California Supreme Court, is whether the statute refers only to the first installation of a red light camera by a city, […]
No Civil Immunity For Serving Alcohol.
At common law, the rule was that the consumption of alcohol, not the service of alcohol, was the proximate cause of any resulting injury. In 1976, the California Supreme court in Vesely v. Sager (1971) 5 Cal.3d 153, [486 P.2d 151, 95 Cal.Rptr. 623] (Superseded by statute), held that sellers or furnishers of alcoholic beverages could […]
Hospital’s Peer Review Process Meets Whistleblower Laws.
A hospital terminated a doctor’s staff privileges, using its quasi-judicial peer review procedure. In his tort action against the hospital and others, the doctor claimed he was terminated in retaliation for reporting substandard performance by the hospital’s nurses. Health and Safety Code section 1278.5, declares it is the public policy of California to encourage members of […]
Stay Tuned CNN.
The Greater Los Angeles Agency on Deafness sued the Cable News Network, CNN, in federal court under California’s Disabled Persons Act [DPA; Civil Code section 54 et seq.] because the network does not caption all of the videos on its news web sites. After plowing through several constitutional issues and procedural matters, the Ninth Circuit requested […]
Suspension And Two-Year Probation State Bar Contends Hearing Officer Not Tough Enough On Lawyer.
The lawyer took his toddler for a walk and left his nine-month old alone and asleep in a crib for 40 minutes. He was convicted of misdemeanor child endangerment, and the State Bar hearing judge recommended a 120-day actual suspension subject to a one-year stayed suspension and two-year’s probation. Before the State Bar Court of California, […]
The Past Catches Up With State Bar Applicant.
When an applicant for membership in the California State Bar worked for The New Republic in the 1990’s, he fabricated magazine articles as well as supposedly supporting materials for the articles to delude fact checkers. The California Supreme Court concluded the applicant did not sustain his heavy burden of demonstrating rehabilitation and fitness for the practice […]
Moral Turpitude Felony Results In Disbarment.
A member of the State Bar was admitted in 1994. In 2008, he was charged with three counts of knowingly possessing or controlling child pornography, and pleaded guilty to one felony count. He was placed on probation for three years, terms and conditions of which included 90 days in jail and lifetime registration as a sex […]
First Case Of The Year Grants Admission Of Undocumented Immigrant To The State Bar.
An undocumented immigrant’s [the California Supreme Court said its use of this term refers to a person who is not a U.S. citizen and who is in the U.S. but who lacks the immigration status required by federal law to be lawfully present in this country] name was submitted for admission to the California State Bar […]
Bribe Of Public Officials Claimed.
In a matter involving allegations of bribing members of a board of supervisors to obtain their approval of a litigation settlement, the California Supreme Court held: “Whether the offeror is guilty of aiding and abetting the receipt of the bribe depends on whether there is evidence that, in addition to the offer or payment of the […]
Bar Exam Scores A Matter Of Public Interest.
Plaintiffs requested the State Bar provide them access to information contained in its bar admissions database, including applicants’ bar exam scores, law school attended, grade point averages, LSAT scores, and race or ethnicity “in order to conduct research on racial and ethnic disparities in bar passage rates and law school grades.” The California Supreme Court held: […]
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