Owner of a 30-acre parcel of land [owner #1] placed a boundary fence in the wrong place in 1987. Since then, owner #1 has been occupying and improving the .44-acre of the 173-acre parcel owned by owner #2, a religious group. Owner #1 paid no taxes on that .44-acre piece of land, but, because it was […]
Bureaucracy v. Lies With In-Home Supportive Services.
A county determined a disabled woman was eligible to receive In-Home Supportive Services [IHSS; Welfare & Institutions Code section 12300], and she selected her son to be her individual provider. The county sought return of $29,560 it paid to the son on the ground he did not perform the services. In fact, it was the […]
Summary Judgment Affirmed On Harassment Claim But Reversed On Retaliation Claim.
Plaintiff worked for a construction company. Her supervisors used foul language, referred to a woman with large breasts as “Double D,” told plaintiff she was lucky because women had multiple orgasms, and asked her whether women “got off” when they used a particular type of tampon. At one point, she was told to wear a French […]
Law Firm’s Arbitration Petition Denied In Employment Case.
In an employment discrimination action, defendant law firm petitioned to compel arbitration of the claims based on a letter agreement: “You and the Firm agree that any legal disputes which may occur between you and the Firm and which arise out of, or are related in any way to your employment with the Firm or its […]
Jury Verdict In Favor Of Truck Manufacturer Reversed.
A 15-year-old boy threw a 2.5 pound of concrete rock from a freeway overpass, penetrating the windshield of a truck driven by plaintiff, striking plaintiff on the head and causing great bodily injuries. The boy pled guilty and was sentenced to 12 years in prison. Plaintiff and his wife, and later only his wife, who proceeded […]
“Me-Too” Evidence Properly Excluded In Employment Discrimination Case.
Plaintiff alleged he was discriminated against by his employer because of his Japanese ancestry and Asian race. A jury found in favor of the employer and found no employment discrimination. Plaintiff brought an unsuccessful motion for new trial, arguing the trial court erred in excluding evidence that a supervisor “openly favored employees of Arab ancestry.” The […]
Jury Verdict Overturned In Veterinarian Malpractice Action.
Defendants are doctors of veterinary medicine who were retained by plaintiff to perform prepurchase examinations on two performance horses, Syrus and Poncho. The report was that both horses were suitable for their intended uses as competition hunter jumpers, and based upon the report plaintiff purchased Syrus and Poncho. Afterward, the horses manifested physical problems which interfered […]
Prayer And Invocation At City Council Meetings.
City typically begins each of its city council meetings with a citizen-led prayer or invocation. The city’s policy sets forth a two-step procedure for soliciting volunteers to lead the invocation. The city clerk compiles and maintains a database of religious congregations with an established presence in the city. Next, the clerk mails all of the listed […]
Teacher Accused Of Molestation To Keep His Job.
Two different mothers of third graders complained a male teacher inappropriately touched their daughters. After three criminal trials on molestation charges, he was sentenced to seven concurrent 15-year-to-life prison terms. His convictions were reversed, and the prosecutor declined to retry him. The school district notified him he was terminated due to engaging in lewd and lascivious […]
No Cause Of Action Against Doctors Or LASIK Manufacturer.
Two plaintiffs received laser eye surgery, LASIK. They brought an action against the machine manufacturer and various doctors because the laser machine used had not been approved by the Food and Drug Administration, even though they suffered no injuries during their surgeries. They assert claims under the Human Subjects Act [Health and Safety Code section […]
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