Plaintiff brought an action under New Hampshire’s consumer protection statutes alleging a towing company took his car, failed to notify him of its plan to auction it and sold it at auction, despite plaintiff’s notice he wanted to reclaim it. The New Hampshire court granted summary judgment to the towing company, concluding the action was preempted […]
“Merely Calling Someone A Copyright Owner Does Not Make It So.”
Defendants posted articles online without authorization, which articles were from a news journal. Plaintiff brought an action for copyright infringement. The district court dismissed the action because the plaintiff lacked standing, and the Ninth Circuit affirmed because the plaintiff was not the legal or beneficial owner of the copyright under 17 U.S.C. § 501(b). Righthaven LLC […]
An Expert’s Dilemma In Reporting Child Abuse.
At issue here are two divergent legislative schemes: 1) An expert engaged to assist a lawyer in representation of a client is obligated to maintain the confidentiality of client communications. [Evidence Code sections 912 and 952.]; 2) Under the Child Abuse and Neglect Reporting Act [CANRA; Penal Code section 11164, et seq.], psychiatrists, psychologists, clinical social […]
Even Though Only A Daughter Was Sexually Abused By Her Father, Are All The Abuser’s Children Dependents Of The Juvenile Court, Both Sons And Daughters.
The words of the California Supreme Court speak for themselves: “[W]e must decide whether a father’s sexual abuse of his daughter supports a determination that his sons are juvenile court dependents when there is no evidence the father sexually abused or otherwise mistreated the boys, and they were unaware of their sister’s abuse before this proceeding […]
The Buck Stops With The District Attorney, Not The State Of California.
A man who spent 24 years in prison after being convicted of murder because of the perjured testimony of a jailhouse informant, filed an action under 42 U.S.C. § 1983, claiming the Los Angeles County District Attorney’s Office failed to create any system for deputy D.A.’s handling criminal cases to access information pertaining to the benefits […]
Seeking Lower Rates From A Court Reporter Must Be Done In Original, Not A New, Action.
In a construction defect action, the plaintiff added a defendant to the action after 57 depositions had been taken. The new defendant requested copies of those 57 depositions, and the court reporter quoted $2 per page, or $16,000. The new defendant offered to pay $30 flat rate in exchange for a computer disc containing uncertified copies […]
Bad News For Marijuana Shops.
The City of Riverside declared by zoning ordinances that a medical marijuana dispensary is a prohibited use of land within the city and may be abated as a public nuisance. Invoking these provisions, the City brought a nuisance action against a medical marijuana facility operated by defendants. The trial court issued a preliminary injunction against the distribution […]
First Five Black Women Excused For Jury Selection By Prosecutor; Judgment Of Death For Black Defendant.
During jury selection in a robbery and murder case against a black man, the prosecutor used peremptory strikes to remove the first five black women in the jury box for jury selection. Ultimately the jury included one black woman. The California Supreme Court affirmed a judgment of death. Justice Werdegar and Justice Liu dissented. Justice Liu […]
Police Officer Can Carry Gun After Battery Conviction.
A deputy sheriff was convicted of violating Penal Code section 242, battery upon his live-in girlfriend, in 1993. He was placed on three years’ probation. His posttrial motion requesting an order granting him relief from the prohibition against possessing and owning a firearm under section 12021 was granted. He successfully completed probation and then successfully moved to have […]
Peanuts? Popcorn? First Amendment?
A Mayor proposed the city enter into an agreement with Immigration and Customs Enforcement [ICE] to have its police officers designated immigration agents. Members of the public were invited to comment at a City Council meeting. Jim Gilchrist, co-founder of the Minuteman Project, was one of the first speakers. At the conclusion of his remarks, Gilchrist […]
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