Plaintiffs filed a class action for violation of the Song-Beverly Credit Card Act of 1971 [Civil Code section 1747.08], alleging Chevron violates the Act by sometimes requiring customers to provide their ZIP codes when buying gasoline with credit cards. The trial court granted summary judgment to Chevron and the appellate court affirmed, stating: “The undisputed facts […]
“ Putative Spouse ” Defined For Wrongful Death Actions.
Code of Civil Procedure section 377.60, provides that a wrongful death action may be brought by a decedent’s putative spouse and defines the putative spouse as “the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.” The Court of […]
DMV Records Can’t Be Used To Solicit Clients.
The Driver’s Privacy Protection Act of 1994 [DPPA; 18 U.S.C. §§ 2721-2725] regulates the disclosure of personal information contained in the DMV records of state motor vehicle departments. An exception in the DPPA, 18 U.S.C. § 2721(b)(4), permits obtaining personal information for use “in connection with” judicial and administrative proceedings, including “investigation in anticipation of litigation” […]
Don’t Wear Skirts In Franklin County, Ohio Courthouse.
The ABA on-line journal reports “Judge Julie Lynch notes an unfortunate juxtaposition at the new courthouse in Franklin County, Ohio. The courthouse is used to sentence sex offenders, and its glass staircase may be used by women in skirts, the Columbus Dispatch reports. ‘If you wear dresses, you’re on notice that you might want to take […]
Law Firm Sanctioned For Frivolous Appeal.
The appellate court stated: “Attorney Defendants have misrepresented the record and ignored established case law without explanation or justification.” In its disposition, the appellate court further stated: “As sanctions for a frivolous appeal, Attorney Defendants shall pay Kendall the amount of $52,727.56. Attorney Defendants also are assessed $8,500 sanctions for bringing this frivolous appeal, payable to […]
Only Three (3) Grounds For Custodial Arrest For An Infraction.
Plaintiff was standing inside a playground surrounded by a fence that had “No Trespassing” signs posted at every entrance. Two police officers arrested him for trespassing and took him to the police station where he was cited for trespass and released. Later plaintiff filed an action against the police officers and the city for violating 42 […]
No Unfettered Right To Cultivate Marijuana.
Plaintiffs are a group of individuals who use marijuana for medical purposes. They petitioned the superior court to rescind a county ordinance which declares it a nuisance to cultivate more than a certain number of plants depending on the size of the premises. The Ordinance also declares it a nuisance to cultivate marijuana within 1000 feet […]
Officer Should Have Clarified Woman’s Chemical Test Admonition Rights.
A woman was arrested by the CHP when officers found her car stopped on a highway facing westbound in the eastbound lanes with an odor of alcohol on her breath, bloodshot and watery eyes, slurred speech and an unsteady gait. She refused to take a breath test at the scene. At the station, she was read […]
Primary Assumption Of The Risk In Caring For Alzheimer’s Patient.
A man contracted with a home care agency to provide care for his wife who suffers from Alzheimer’s disease. The wife injured the caregiver, and the caregiver brought an action against the husband and wife for negligence and premise liability. The trial court granted summary judgment to the husband and wife, and the appellate court […]
County Not Liable For Wrongful Release Of Funds Subject To Execution.
Plaintiff brought an action against a City and Sheriff’s Department, contending the Sheriff’s Department caused the release of funds subject to a writ of execution contrary to instructions of plaintiff. The trial court sustained a demurrer without leave to amend. The appellate court affirmed, holding the claim is barred by the litigation privilege in Civil Code […]
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