A homeowner’s association’s original complaint against a builder alleged various building violations. Government Code section 901 provides: “The date upon which a cause of action for equitable indemnity or partial equitable indemnity accrues shall be the date upon which a defendant is served with the complaint giving rise to the defendant’s claim for equitable indemnity or […]
First Amendment Retaliation After Police Officers’ Union Activities.
A police officer led a no-confidence vote of the police officers’ union against the police chief. Afterward, when the police officer was due a five percent salary increase, the police chief delayed signing the certification for his increase. The officer brought an action under 42 U.S.C. § 1983 against both the police chief and the city, alleging […]
Dismissal Of Wrongful Foreclosure Action Reversed.
The appellate court reversed the sustaining of a demurrer to plaintiff’s complaint for wrongful foreclosure. In support of the demurrer, defendants sought judicial notice, which was granted, of the notice of default, including the attached declaration of someone named Samantha Jones, which stated the bank “tried with due diligence to contact [plaintiff] in accordance with California […]
The U.S. Supreme Court Curtails State’s Method For Seeking Reimbursement Allocation From Third-Party Tortfeasors For Medical Expenses Paid On Behalf Of A State’s Medicaid Beneficiaries…(Could Administrative Boards Deciding Amount Of Liens Be On The Horizon?)
Baby was born with multiple birth injuries which require 12-18 hours of daily nursing care. The baby and her parents filed a medical malpractice action against the delivery doctor and the hospital where she was born. Although the plaintiffs presented evidence of damages in excess of $42 million, they settled for $2.8 million, largely due […]
U.S. Supreme Court Holds Copyright Not Infringed.
An academic textbook publisher, who often assigns rights to publish its English language textbooks abroad, states in those books that they are not to be taken into the United States without permission. A Thai student moved to the United States to study mathematics. He asked friends and family to purchase copies of textbooks in Thailand, where […]
Joint Offer Pursuant To Section 998 Offer To Compromise Not Invalid.
The trial court awarded expert witness fees under Code of Civil Procedure section 998, Offer To Compromise, to the prevailing defendant in a wrongful death lawsuit. The plaintiffs argued on appeal the offer was invalid because it was a single offer made to two plaintiffs. The appellate court affirmed the award of costs, stating: “In a wrongful death action, […]
Court Enjoins Internet Company From Facilitating Downloads Of Copyright-Protected Works.
Defendants maintained websites which film studios plaintiffs contend facilitated internet users to download copyright-protected works. A federal district court issued an injunction based upon “contributory copyright infringement.” The trial court also held defendants were not entitled to any of the safe harbor provisions contained in the Digital Millennium Copyright Act [DMCA; 17 USC § 512]. The […]
First Wife Joined Second Wife In Dissolution Proceeding.
A first wife alleged her former husband fraudulently transferred property to his second wife, so the first wife joined the second wife as a third party to the dissolution proceeding and moved for attorney fees under Family Code section 2030, subdivision (d), [“Any order requiring a party who is not the spouse of another party to […]
Employment Arbitration Agreement Unconscionable.
When plaintiff applied for a job as a property manager, she signed an arbitration agreement which was part of the employment application. It barred class action disputes, provided that all claims had to be filed within one year, was presented on a take it or leave it basis, and stated the employer “has implemented an arbitration […]
Writing Not Required For Tort Of Invasion Right Of Privacy Based Upon Public Disclosure Of Private Facts.
Plaintiff brought an action against her employer and immediate supervisor for public disclosure of private facts about her mental health. The plaintiff’s allegations include statements about other employees avoiding and shunning her, as well as one employee inquiring whether or not plaintiff might “go postal.” The trial court granted summary judgment against the plaintiff on the […]
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