In California, an individual with a disability who is between 18 and 22 years of age and has not yet earned a regular high school diploma is entitled to continue to receive special education and related services. The California Supreme Court posed and answered the question whether California Education Code section 56041, which provides generally that […]
For Bringing Cases To Trial Partial Stay Does Not Toll Five-Year Statute.
Code of Civil Procedure section 583.310, requires that an action be dismissed unless it is brought to trial within five years from being filed. The statute exempts periods during which the action is stayed from the five year period. But the California Supreme Court held in Bruns v. E-Commerce Exchange, Inc. (Cal.Supr.Ct.; February 28, 2011) 51 Cal.4th […]
Workers’ Compensation Proceedings: There’s More Than One Way To . . .
Labor Code section 4605 gives employees the right to retain consulting or attending physicians at their own expense for workers’ compensation proceedings. Labor Code section 4616.3 requires the employer to notify the injured employee of the existence of medical provider networks [MPNs], as well as the employee’s right to change treating physicians within the network after the […]
Unlawful Prior Restraint.
The plaintiff’s attorney in a personal injury case had a website advertising her success in two cases raising issues similar to those she was about to try. The trial court admonished the jury not to “Google” the attorneys or to read any articles about the case or anyone involved in it. Concerned that a juror might […]
Foiled Again By The Federal Arbitration Act!
Labor Code sections 98 through 98.8, provide an administrative statutory scheme for an employee to seek relief from the Labor Commissioner for a wage dispute. This method of dispute resolution is called a Berman hearing. In Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659, [247 P.3d 130; 121 Cal.Rptr.3d 58] (Sonic I), the California Supreme Court […]
Foiled By One Final Judgment Rule.
Plaintiff ophthalmologist, who lost her license to practice medicine, brought an action against another doctor for breach of fiduciary duty, among other causes of action. The defendant doctor cross-complained for defamation. The two had previously undertaken a venture to provide medical services to patients of a health maintenance organization and formed a corporation for that purpose. […]
Nurses: A Shot In The Arm.
The California Supreme Court decided who may administer insulin to diabetic students, in light of “a longstanding shortage of school nurses.” In 2007, California’s Department of Education stated that “trained school personnel who are not licensed health care providers may, when no nurse is available, administer insulin pursuant to medical orders of students’ treating physicians.” The […]
Actions Under California’s Unfair Competition Law (UCL) Are Not Precluded By Congress’ Repeal Of Federal Lawsuits Under Truth In Savings Act.
The provision in the federal Truth in Savings Act [TISA; 12 U.S.C. § 4301] which permitted private civil actions was repealed in 1996. The California Supreme Court issued an opinion on the issue of whether or not California’s Unfair Competition Law [UCL; Business & Professions Code section 17200 et seq.] may be based on violations of […]
Moradi-Shalal Does Not Preclude Unfair Competition Law (UCL) Claims.
The California Supreme Court clarified one of the perceived limitations resulting from its holding in Moradi-Shalal v. Fireman’s Fund (1988) 46 Cal.3d 287, [758 P.2d 58, 250 Cal.Rptr. 116]. The case addresses whether insurance practices that violate the Unfair Insurance Practices Act [UIPA; Insurance Code section 790 et seq.] can support an Unfair Competition Law [UCL; […]
Plea Agreement In Criminal Case Analyzed Under Contract Law.
In 1991, defendant entered a plea agreement in a case charging six lewd and lascivious acts upon a child under the age of 14. He pled nolo contendere to a single count in exchange for dismissal of the other counts. The written plea form, which he signed, recited that the maximum penalties for his conviction would […]
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