A general engineering construction company performed public works projects. The California Department of Industrial Relations, Division of Labor Standards Enforcement [DLSE] issued a civil wage and penalty assessment, including a disbarment period during which the company would be excluded from making bids on public work projects for one year, against the construction company based on allegations […]
Borrower Must Be Offered A Permanent Loan Modification When They Comply With A Trial Period Plan.
After her home loan went into default, plaintiff agreed to a trial period plan [TPP], a form of temporary loan payment reduction under the Home Affordable Mortgage Program [HAMP]. Plaintiff complied with the TPP, making timely reduced monthly payments. Nonetheless, the bank denied her a permanent loan modification, and plaintiff’s home was sold at a trustee’s […]
Substantive Grounds For Motions For JNOV, Nonsuit, And Directed Verdict May Be The Same, But Their Procedural Requirements Are Not.
In an action involving strict liability and negligence, a jury found in favor of the plaintiffs on their failure to warn and negligence claims. After the jury was discharged, but before judgment was entered, the trial court granted defendant’s pending pre-verdict motions for nonsuit and directed verdict, deeming those motions to be a motion for judgment […]
Business Competitor Alleging Injury Caused By Unfair Competition By An Internet Company With Whom There Had Been No Business Dealings May Pursue Unfair Competition Claim, Even Though A Consumer Could Not.
A law firm brought an unfair competition action [UCL; Business & Professions Code section 17200] against an online legal services provider based upon alleged unauthorized practice of law. The allegations include claims the internet provider undercut the competition by using unlicensed persons to perform legal work, thereby saving on attorney costs, and by employing unbonded and unregistered legal […]
Union Permitted To Proceed With Allegations Of Corruption By Railway.
In the arbitration of a railway employee’s wrongful discharge claim, a neutral arbitrator on the special adjustment board issued a draft award reinstating the employee. The railway representative said to the arbitrator: “If you are going to issue these kinds of opinions, you will never work for a Class One railroad again,” whereupon the arbitrator recused […]
No Life Preserver To Save Non-Appealable Order.
Plaintiff’s case was dismissed as a terminating sanction following discovery abuse. Plaintiff appealed and defendant argued the appeal was from a non-appealable order. In his appellate brief, plaintiff told the appeals court his appeal “was timely filed following Entry of Judgment in this matter.” Even though appellate courts often permit a premature appeal and treat it […]
Husband Beater Got No Spousal Support.
In dissolution proceeding, husband requested relief from paying spousal support because of wife’s domestic violence. He detailed 19 written police reports, five arrests, three criminal convictions, three criminal protective orders, one civil temporary restraining order, and three probationary periods. The trial court found wife was statutorily ineligible to receive spousal support based on her history of […]
Injunction Issued Against Greenpeace.
A federal district court granted Shell Offshore, Inc. a preliminary injunction against Greenpeace, Inc., a California corporation, showing there is a likelihood of success on the merits of its claim that Greenpeace USA would commit tortious or illegal acts against Shell’s Artic drilling operation in the absence of an injunction and that the resulting harm would […]
Even Though Disabilities Not Apparent And ADA Not Violated, Airline Faces Suit Under State Statutes.
Plaintiff who has difficulty walking, due to osteoarthritis, collapsed spinal disc, knee replacement and another knee that needs replacement, flew United during both legs of a trip. She claims during both trips, United failed to provide her wheelchair assistance. Among her allegations: “United agents yelled at her, expressed skepticism that she actually needed a wheelchair, and […]
On A Cellular Phone While Driving Reading A Map.
Vehicle Code section 23123, states: “A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.” The appellate court was asked to determine whether or not using a wireless phone solely for its […]
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