The Federal Trade Commission Act, § 5(a) [FTCA; 15 U.S.C. §45(a)(1)] states that “unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.” In that context, a marketing company offered participants the ability to become independent retailers of music and other merchandise as well as earn points redeemable for music or […]
A Promise Is A Promise For A Job With A State Agency.
Plaintiff responded to a public announcement for a job with a state agency. He was offered the job and accepted, but the Friday night before he was told to report, he was notified the position had been eliminated. He brought an action for damages to recover the expenses he incurred, and the trial court granted […]
Wealth-Based Classification Contention To Bring Action Against City & County Unsuccessful.
Plaintiff brought an action against a city and county with respect to the impoundment of vehicles. Her complaint alleged she was a taxpayer under Code of Civil Procedure section 526a and had standing to sue because she had paid sales tax, gasoline tax, and water and sewage fees, but she admitted she had not paid […]
Government Claim Required.
Plaintiffs brought an action against a city for alleged tortuous conduct by a former member of the City Council. While a real estate project was making its way through the City’s approval process, the City’s mayor allegedly “extracted” $38,000 from plaintiff in loans and refused to repay her and then prevented approval of plaintiff’s project […]
To Err Is Human, And To Blame It On A License Plate Computer Is Even More So — Robert Orben.
Plaintiff was driving along and police made a “high risk” stop. They held her at gunpoint, handcuffed her, forced her to her knees and detained her for 20 minutes. Turns out, the Automatic License Plate Reader [ALPR] made a mistake, and identified her car as a stolen vehicle. Eventually the police ran a check of […]
Huge Award For Restitution And Penalties In Loan Modification Scheme.
The Attorney General brought an action seeking injunctive relief and restitution under California’s consumer protection statutes. The defendants operated a scheme by which they promised customers they would obtain loan modifications from lenders and prevent foreclosure of the customers’ homes. Although they represented to customers they never had a case in which a loan modification […]
Continued Confusion Over Government Claims.
These are the allegations: A man was released from a state mental hospital but was not provided his psychotropic medication or any guidance on how to obtain it. Twelve days later, he was discovered “unconscious, lying on his blood-soaked bed in a pool of his own blood,” after cutting off his own genitals with a […]
Permits For Tow Truck Companies.
The question on appeal was whether tow truck companies and drivers must obtain a permit in each jurisdiction in which they tow cars. The appellate court concluded a city was only authorized to regulate those tow truck companies and drivers who maintain their principal place of business or employment in that city. (California Tow Truck […]
County Failed To Prove Design Immunity.
A jury found plaintiff was injured as a result of a dangerous condition of public property, but also concluded the county was immune based on design immunity and returned a defense verdict. On appeal, the court noted that design immunity is an affirmative defense that must be plead and proved, and that, while “numerous witnesses […]
“A Nation Of Sheep Will Beget A Government Of Wolves,” Edward R. Murrow.
A superior court refused to provide prompt access to newly filed unlimited civil complaints, making a news service wait days or weeks until the documents are fully processed. The news service brought an action for declaratory relief in federal court, and the trial judge declined to decide the matter because it implicates sensitive state interests. […]
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