Plaintiff was injured by a weight dropped by defendant, her teammate on the UCLA swim team, during a mandatory team workout session intended to strengthen the swimmers. Plaintiff filed an action alleging negligence against defendant, who successfully moved for summary judgment on the basis of the doctrine of primary assumption of the risk. Plaintiff argues primary […]
Appellate Court Affirmed Summary Judgment Based Upon Different Grounds Than Trial Court.
A petitioner brought an action seeking to invalidate amendments to a survivor’s trust. The defendants’ answer alleged the claims were barred by statutes of limitation, res judicata and laches. The trial court granted summary judgment based upon collateral estoppel and statutes of limitation, and never reached the issue of laches. The appellate court affirmed the judgment, […]
Zip Codes At Gas Pumps.
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 […]
I Pledge Allegiance To The Opposition Of Prostitution.
Congress passed the Leadership Act in 2003 [22 U.S.C. § 7601 et seq.] to combat HIV/AIDS. The Act makes the reduction of HIV/AIDS behavioral risks a priority of all prevention efforts. The Department of Health and Human Services and the United States Agency for International Development [USAID] are the federal agencies primarily responsible of overseeing implementation. The […]
Special Motion To Strike Denied In Defamation Action.
The court appointed a reunification counselor in a custody dispute. The counselor concluded the father was emotionally and psychologically abusing the child by indoctrinating him to believe his mother was evil and never loved him and that the mother had kidnapped the child’s younger brother and was holding him hostage. The court removed the child from […]
“ 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 […]
Charter City Must Conduct Arbitration For Furlough Grievances.
A charter city adopted a mandatory furlough program for its civilian employees. Employees lodged grievances, arguing furloughs violated duly ratified memorandums of understanding [MOUs] with their union. The grievances were denied and the employees requested arbitration. The city refused to arbitrate, and the superior court granted the union’s petition for an order compelling the city […]
No Legal Duty On Part Of Supplier Of Pacemaker.
In a wrongful death action, the family of the decedent brought an action against the supplier of a pacemaker. During the implantation of the pacemaker, at which the pacemaker sales person was present, the decedent’s right atrium and ascending aorta were perforated and she died shortly after surgery. The trial court granted summary judgment. The appellate […]
Law Firm Should Not Have Been Disqualified.
The introductory paragraph to the opinion speaks for itself: “The trial court disqualified a law firm from simultaneously representing a limited liability company, its managing member (a partnership), and the person who managed that partnership (who was not himself a member of the company) in a lawsuit against two of the company’s minority members. The court […]
Convicted Attorney Is “Actually Innocent.”
18 USC § 1346 states: “. . .the term ‘scheme or artifice to defraud’ includes a scheme or artifice to deprive another of the intangible right of honest services.” An attorney and trustee of private trusts pled guilty to honest services fraud after being accused of abusing his fiduciary obligations and position of trust through ambiguous […]
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