A union claimed it was entitled to obtain the home addresses and phone numbers of all represented employees, including those who have not joined the union. The California Supreme Court agreed that the union does have the right to that information, stating: “Whether the right to privacy under Article I, Section 1 of the California Constitution prohibits disclosure […]
No Issue Of First Amendment Protection When School Teacher Fired After Blasting “Zionist Jews.”
A substitute school teacher attended an “Occupy Los Angeles” rally and gave an interview to a reporter. Exercising her First Amendment rights, during the interview, she said she worked for the Los Angeles Unified School District, and stated: “I think that the Zionist Jews who are running these big banks and our Federal Reserve, which are […]
When There Is A Fee Waiver, Superior Court Cannot Require Posting Of Jury Fees.
In an unlawful detainer action, the trial court found that defendant had waived a jury trial because no jury fees had been posted, despite the fact the superior court had previously granted a fee waiver. A court trial was held, and judgment was entered for the plaintiff. On appeal to the appellate division of the superior […]
Arizona’s Abortion Law Held Unconstitutional.
Arizona passed a law that except in a medical emergency, abortion of a fetus determined to be of a gestational age of at least twenty weeks is prohibited. Three gynecologists who practice in Arizona filed suit in federal court seeking declaratory and injunctive relief against enforcement of the abortion statute. The district court denied relief. The […]
No Minimum Contacts.
Plaintiff alleged he tried to start a personal watercraft manufactured by defendant, and the watercraft caught fire, causing him serious injuries. He claimed the manufacturer was negligent for failing to inform him of a recall of the watercraft for a defective fuel tank. The manufacturer cross-complained against the successor-in-interest of the manufacturer of the fuel tank, […]
Fifteen Percent (15 %) Interest Not Usury.
Plaintiff borrowed money from a mortgage lender secured by a deed of trust on certain real property. The interest rate was 15%, with interest-only payments from 2009 until 2012. When plaintiff defaulted, the lender foreclosed. Plaintiff filed suit against the lender claiming the interest rate on the loan exceeded the maximum allowed by the California Constitution, […]
Zoning Ordinance Does Not Conflict With State Law Or Constitutional Principle.
Defendants operated a marijuana collective in an agricultural zone, and the county brought an action for injunctive relief, seeking to stop a nonconforming use of property. A county zoning ordinance related to the location of medical marijuana collectives and cooperatives [MMC’s] states they “shall not be established or located in any zone in the County of […]
Freedom Of Information Is For Me, But Not For Thee.
Petitioner, a citizen of Rhode Island, makes his living by obtaining property records on behalf of his clients. He sought to obtain real estate tax records in Henrico County, Virginia, for a client, and his request was denied because he was not a Virginia citizen. He and another petitioner, with a similar experience, filed suit under […]
Violation Of Due Process? One Lawyer In Firm Represents Police Department While Another Advises City Council. Result?
A police officer once dated a woman who lives at an apartment complex which has a pool and Jacuzzi behind a locked gate. Seven or eight years after the relationship ended, he was spotted using the Jacuzzi by the woman he once dated. She called the police, and the police officer told the investigating officer he […]
Court Acted Within Its Discretion In Renewing Restraining Order At The End Of Three Years.
In 2008, the superior court issued a three-year restraining order against defendant/appellant. At the end of the three years, the plaintiff/respondent requested a renewal of the restraining order, and defendant/appellant opposed the request. In 2011, the court renewed the order, this time until 2016. The appellate court affirmed the order of the trial court, noting that […]
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