Plaintiff uses a wheelchair and brought an action against a small grocery store “for denying him and other similarly situated disabled persons access to the full and equal enjoyment of the goods and services offered” because a four-inch step at the entry to the market was a barrier. The grocer was granted summary judgment after […]
Goodbye Collateral Source Rule.
The California Supreme Court stated the collateral source rule, as outlined in Helfend v. Southern Cal. Rapid Transit District (1970) 2 Cal.3d 1, [465 P.2d 61; 84 Cal.Rptr. 173] has no bearing on amounts that were included in a medical provider’s bill for which a plaintiff never incurred liability because the provider, by prior agreement, […]
Government Tort Claim Delivery Requirement Strictly Construed.
After being damaged by medical negligence at a county hospital, plaintiff’s lawyer gave written notice under Code of Civil Procedure section 364, that a suit for personal injuries would be filed. Counsel personally delivered copies of the letter to the hospital’s administration and requested that it be forwarded to the hospital’s insurance carrier. It is […]
Judge Properly Excluded Expert Testimony After Concluding Claimed Damages Were Speculative.
A dental implant company sued a university for breach of contract involving clinical tests for a new implant the company patented. The implant company sought damages ranging from $200 million to over $1 billion. Following an evidentiary hearing, the trial court excluded as speculative the proffered testimony of an expert to that effect. The appellate […]
Mobile Home Conversion Is A Development Under Coastal Act.
The California Supreme Court held the Coastal Act [Public Resources Code § 30000] and the Mello Act [Government Code § 65590] apply to a proposed conversion, within California’s coastal zone, of a mobilehome park from tenant occupancy to resident ownership. In so holding, the Supreme Court rejected the argument that such a conversion is not […]
Deference Should Be Given To Prison Authorities.
A finding that an inmate in state prison is a gang member or associate can result in the inmate’s placement in a security housing unit under Cal. Code Regs., tit. 15, § 3023, subd. (b). In this case, the inmate had several photocopied drawings containing symbols assertedly distinctive to the Mexican Mafia, and one of […]
No Attorney Fees.
Employer settled case with employees who contended they were not given rest breaks required by Labor Code §227.7. The California Supreme Court decided “the most plausible inference to be drawn . . . is that the Legislature intended Labor Code §226.7 claims to be governed by the default American rule that each side must cover […]
Employees Who Work Through Meal Periods Not Entitled To Compensation.
The California Supreme Court addressed the nature of an employer’s duty vis-à-vis meal breaks in wage and hour cases: “[W]e conclude an employer’s obligation is to relieve its employee of all duty, with the employee thereafter at liberty to use the meal period for whatever purpose he or she desires, but the employer need not […]
School District May Be Vicariously Liable For Sexual Harassment Of A Student.
In a case involving allegations of sexual abuse of a 14 or 15-year-old student, the California Supreme Court concluded “a public school district may be vicariously liable under [Government Code] section 815.2 for the negligence of administrators or supervisors in hiring, supervising and retaining a school employee who sexually harasses and abuses a student. Whether […]
California Supreme Court Repudiates Common Law Release Rule.
Guardian ad litem settled with a pediatrician for $1 million for baby’s irreversible brain damage. At trial, a jury found the pediatrician 55 percent at fault, the hospital 40 percent at fault and the parents 5 percent at fault. The hospital appealed, contending that under the common law “release rule,” the settlement with the pediatrician […]
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