A home warranty provider, the defendant in this action, records all incoming and outgoing telephone calls. A customer placing an inbound call is told: “To ensure the highest quality service your call may be monitored or recorded.” Plaintiff filed a class action against the defendant alleging it violates Penal Code section 632 which prohibits the intentional […]
A Foster Child Alleged Molestation But Government Claim Was Not Timely Filed.
A foster child alleged molestation by the foster father for two months during 2009, but now contends the cause of action against the county did not accrue until March, 2012 after legal counsel obtained an police investigator’s follow-up report dated January 14, 2011. A government claim was filed in May 2012. The minor disclosed the molestation […]
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 […]
Under Eighth Amendment Trial Court Not Relieved Of Considering Defendant’s Youth When Sentencing Despite New Statute.
A gang-member defendant committed manslaughter and attempted murder when he was 15 and 16 years old and was sentenced to a determinate term of 23 years as well as a consecutive indeterminate term of 80 years to life. The appellate court was faced with two unique questions. The first one concerned the fact that the bulk […]
Designer Brand Counterfeit Knock-Offs.
Defendants had a business of selling handbags, clothing and jewelry bearing the unauthorized names and logos of Chanel, Coach, Gucci, Louis Vuitton, Rock & Republic, Tiffany, True Religion, TAG Heuer, Rolex and Hublot, all of which brands have registered trademarks. Investigators seized over 13,000 such items from defendants’ San Diego store. In separate criminal trials, two […]
Prisoner’s Allegations Regarding Violations of Freedom Of Religion.
Plaintiff brought an action against prison personnel at the Arizona Department of Corrections for treatment he alleged he received while an inmate. He said he did not receive proper care for his mental illness and became suicidal, in violation of his rights under the Eighth Amendment. He also alleged deprivation of his rights under the First and Fourteenth […]
Local Ordinance Prohibiting Registered Sex Offenders From Entering City Parks Preempted By State Law.
A criminal defendant was charged with violating a local ordinance that prohibits registered sex offenders from entering city parks without written permission of the police chief. The trial court sustained defendant’s demurrer, concluding state law preempts prosecution under the local ordinance because the Legislature has enacted a comprehensive statutory scheme. The appellate court agreed, stating: “We […]
Will You Pick Up My Prescription For Me?
A jury convicted a criminal defendant of possession and transportation of morphine and other drugs. Defendant was arrested on the campus of U.C. Davis after he was stopped for a traffic violation and was unable to provide identification. In his pocket was a prescription bottle containing 208 pills. Another man, who has prostate cancer and other […]
Preventing A Witness From Testifying Or Alternative Dispute Resolution.
A criminal defendant was charged with assault with a deadly weapon, among other crimes, after he punched a victim in the face and broke the windows of a car with a baseball bat while another victim was inside the car. The day before the preliminary hearing, defendant approached the victim he punched following prayer services at […]
En Banc Opinion Changes Everything. No Fourth Amendment Protection In Hotel Registry Records.
Last year, we reported the following: No Fourth Amendment Protection In Hotel Registry Records. A Los Angeles City ordinance requires hotel operators to maintain certain registry information concerning guests, including their names, addresses and vehicle information, and to make the information available to police officers upon request. Motel operator challenged the ordinance, arguing it amounted to an unreasonable […]
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