Plaintiff was a prisoner in state prison when he alleges he was negligently treated by a doctor. The trial court granted summary judgment for the doctor on plaintiff’s two causes of action: breach of fiduciary duty and professional negligence. The appellate court reversed, stating: “With respect to his breach of fiduciary duty claim, [plaintiff] alleged in […]
Freedom Of Information Is For Me, But Not For Thee.
Petitioner, a citizen of Rhode Island, makes his living by obtaining property records on behalf of his clients. He sought to obtain real estate tax records in Henrico County, Virginia, for a client, and his request was denied because he was not a Virginia citizen. He and another petitioner, with a similar experience, filed suit under […]
Real Estate Agent Injured By Concealed Danger While Showing Foreclosed-Upon Home.
A loan services company owned a home which had been foreclosed upon. The home had been visited by more than 100 real estate agents. One of the features was an attic that had been converted into a bonus room by a previous owner, which room was accessed by using a pull-down stairway. The home had been […]
Attorney Disqualification Order Reversed.
In a Lemon Law case brought under the Song-Beverly Consumer Warranty Act [Civil Code section 1790], Ford Motor Company successfully moved to disqualify plaintiff’s lawyer on grounds the lawyer previously defended Ford in other Lemon Law cases. The appellate court reversed the attorney disqualification order, stating: “The trial court abused its discretion in concluding that the […]
Plaintiff Calls It A Sidewalk; City Calls It A Trail.
Plaintiff brought an action against a city after she was injured when she tripped over a protruding tree trunk while taking a walk on a sidewalk. Others called the place where she took the walk a trail, saying it was used for horseback riding and hiking. Government Code section 831.4, subdivision (a), provides that public entities […]
A Local Ordinance Is Not A Statute Within The Meaning Of Government Code section 810.
The Internal Revenue Service, following several adverse court decisions, announced in 2006 that it would cease collecting the federal excise tax on long distance and bundled services and allow federal taxpayers to obtain a refund by checking a box on their federal tax returns. In August 2006, plaintiff served a demand on the City and its […]
Water Damage Not Covered Under Insurance Policy.
Plaintiff noticed condensation and mold around the windows of his home. Upon inspection, a plumber discovered a slow water leak which pooled under the home. Plaintiff had purchased a “Farmers Next Generation Homeowners Policy” which had limited water damage coverage. The policy described what was not included in the limited water damage coverage: “. . . […]
Workers Compensation Psychiatric Injury Award Annulled.
Labor Code section 3208.3, subdivision (h), states a psychiatric injury is not compensable “if the injury was substantially caused by a lawful nondiscriminatory, good faith personnel action.” In this case, the worker sustained psychiatric injury after encountering trouble at work. An agreed medical evaluator concluded the injury was not substantially caused by personnel actions, and the Workers […]
Trial Court Wrongly Analyzed Rees-Levering Motor Vehicle Sales and Finance Act.
Plaintiff filed a class action pursuant to the Rees-Levering Motor Vehicle Sales and Finance Act [Civil Code section 2981] on behalf of those who had their vehicles repossessed by or voluntarily surrendered to a car dealership. Plaintiff had missed several car payments and voluntarily surrendered her car, whereupon she was sent a Notice of Intention to […]
Approval Of Class Action Settlement Reversed.
A class action against credit agencies, which issued negative credit reports after debts were discharged, settled, and the district court approved the class action settlement. The Ninth Circuit reversed, explaining: “The settlement agreement, like others we have approved in the past, granted incentive awards to the class representatives for their service to the class. But unlike the […]
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