Justice Anthony Kennedy, writing for the majority, called taking a cheek swab from arrestees a legitimate police booking procedure. The opinion further states “an individual’s identity is more than just his name or Social Security number, and the government’s interest in identification goes beyond ensuring that the proper name is typed on the indictment.” Justice Antonin […]
Medicare Does Not Cover Costs For Teeth, Even If Problems Result From Physical Disease.
A plaintiff suffers from Sjogren’s Syndrome, which has left her unable to produce saliva. As a result, she lost teeth, her gums deteriorated, and her bite collapsed. She is a Medicare beneficiary, and she received dental services to correct her problems. But the Secretary of The Department of Health and Human Services denied coverage [HHS]. The […]
Before The Time To Appeal Expires Look At The Forest As Well As The Trees!
In arguing about the content of a judgment after the trial court awarded damages for copyright infringement of a design, both sides argued about the appropriateness of an injunction. But the judgment issued by the court did not mention an injunction. Instead of appealing, the plaintiff filed a motion for a permanent injunction, which was denied […]
Writ Of Execution Can Get Complicated!
After the sheriff levied on funds in its bank account, pursuant to a writ of execution, a judgment debtor filed a notice of appeal and a sufficient appeal bond. The debtor gave notice of these documents to the sheriff in order to prevent the sheriff from disbursing the levied funds to the judgment creditor. Nonetheless, the […]
Broad Language In Contractual Attorney Fee Provision.
Plaintiff prevailed under her negligence cause of action, but did not recover under her cause of action for breach of contract containing an attorney fee provision. That provision states: “All parties to this agreement agree to mediate, in good faith, any dispute prior to initiating arbitration or litigation. The prevailing party in the event of arbitration […]
Dismissal Of Predatory Lending Action Reversed.
Plaintiffs initiated an action against a loan broker and various financial institutions, claiming “pursuant to a scheme of predatory lending, [they] made material misrepresentations and fraudulent concealments of circumstances in the appraisal of the residence and in the terms of the loan in order to maximize their profit.” They alleged they applied for a residential home […]
On Forum Non Conveniens Basis NFL Declaratory Relief Action Properly Stayed.
The National Football League and its intellectual property marketing arm have been sued in multiple states by dozens of former players alleging lifelong brain damage from on-field injuries dating back to the 1950’s. In this case the plaintiffs, National Football League and NFL Properties LLC, seek a Los Angeles Superior Court declaratory relief judgment regarding the […]
Elder Abuse Actions Not Limited To Custodial Care.
Plaintiffs’ 83-year-old mother was not referred to a vascular surgeon over a two-year period during which her diminishing vascular flow worsened without treatment. She developed gangrene and her leg was amputated. Seven months later, she died. Defendants contend they cannot be liable for elder abuse because they treated decedent as an outpatient, and liability for elder […]
When There Is A Fee Waiver, Superior Court Cannot Require Posting Of Jury Fees.
In an unlawful detainer action, the trial court found that defendant had waived a jury trial because no jury fees had been posted, despite the fact the superior court had previously granted a fee waiver. A court trial was held, and judgment was entered for the plaintiff. On appeal to the appellate division of the superior […]
Use Of Declaration In Limited Jurisdiction Court Abuse Of Discretion.
The only evidence admitted by plaintiff bank in a limited jurisdiction action for breach of contract and common counts was a declaration admitted pursuant to Code of Civil Procedure section 98. Judgment of $7,788.30 was entered for plaintiff. The declaration included a statement that the declarant was available for 20 days prior to trial for service […]
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