Before trial, defendants learned that plaintiff corporation’s corporate powers had been suspended by the State of California due to nonpayment of taxes and moved for the trial court to preclude plaintiff from offering any evidence at trial. The court denied the motion contingent on the corporation’s reviving its corporate powers. Later, the court entered judgment in […]
Concealed Weapon Exception Narrowly Construed.
A trial court issued a peremptory writ directing the office of the District Attorney to afford a retired District Attorney investigator, who resigned from the D.A.’s office prior to retirement age, a hearing to determine if there is good cause to deny issuing him a certificate authorizing him to carry a concealed weapon and loaded firearm. […]
An Administrative Subpoena Duces Tecum May Issue By The California Corporations Commissioner To Subpoena Witnesses In Order To Investigate Violations Of The Corporate Securities Law.
Believing that a corporation might be engaged in violations of the Corporate Securities Law of 1968 [CSL; Corporations Code section 25000], the California Corporations Commissioner issued a subpoena duces tecum requiring the production of certain documents. When all of the documents were not forthcoming, the Commissioner subpoenaed the custodian of records, and the corporation refused to […]
No Whistleblower Action If No Economic Harm To State Alleged.
The trial court granted summary judgment to the employer, and the appellate court reversed, stating: “We reverse the summary judgment on three of [plaintiff’s] causes of action, and affirm the judgment for [employer defendant] on two others. Because [plaintiff] did not demonstrate that the fraud alleged in one of his causes of action under the […]
Placeholders, So-Called “Spot Bills,” Cannot Be Used For Emergency Legislation.
The appellate court’s first paragraph speaks for itself: “The narrow, but potentially recurring and important, question we address in these writ proceedings is whether the California Constitution, as amended by the voters in 2010, allows the Legislature to identify blank bills with an assigned number but no substance (so-called “spot bills”) in the budget bill, pass […]
Plaintiff Can’t Sue For Being Dismissed Due To Disability Because She Was Never Dismissed.
Plaintiff, a County employee, who suffered a back injury during her employment and claimed to be disabled, brought an action against the County under Government Code sections 31725 and 31721. The last sentence of section 31725 states in part: “. . . the employer shall reinstate the member to his employment effective as of the day following […]
Sale Of Orange County Fairgrounds Set Aside.
As part of Governor Schwarzenegger’s plan to raise funds by selling state owned real property, the California Department of General Services sold the Orange County fairgrounds. A number of parties, including one of the unsuccessful bidders, sued to void the sale. The Court of Appeal agreed with plaintiffs. The Department failed to comply with the statutory […]
Boy Scouts Only Indirect Or Incidental Aid By A City For Religious Discrimination.
The plaintiffs are adults who are either lesbians or agnostics and who use two parks which are partially leased by the City of San Diego to a nonprofit corporation chartered by the Boy Scouts of America. Plaintiffs allege the leases violate provisions of the California and federal Constitutions relating to the Establishment of Religion and the […]
Technological Changes Did Not End Design Immunity In Construction
Plaintiffs were injured in an accident on a bridge and brought an action for dangerous condition of public property. Defendants argued they enjoyed design immunity, but plaintiffs contended they lost that immunity when they became aware of certain technological changes which made it appropriate to install modifications. The trial court entered judgment in favor the […]
Whistle Blower Statute Applying To Violations Of State Laws Does Not Apply To Violations Of Charter City’s “Municipal” Laws.
Plaintiff brought an action against a city for wrongful termination in retaliation for her refusal to violate the City’s charter, municipal code and its civil service rules and regulations. The trial court dismissed the whistle blower action under Labor Code section 1102.5 (c). The appellate court affirmed, stating: “The primary question presented by this appeal […]
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