Defendant made an Offer To Compromise pursuant to Code of Civil Procedure section 998, to settle the case for $100,000.49, and plaintiff did not accept. At trial, plaintiff was awarded $77,986 in compensatory damages and $1,400 in punitive damages. When defendant tried to collect his costs under the statute, plaintiff claimed his offer was invalid because the statute requires “a […]
Provision In Arbitration Agreement Contrary To Public Policy.
Plaintiff sued a nursing home alleging negligent care and treatment. Defendant petitioned to compel arbitration, pursuant to an arbitration agreement, which the trial court granted, after severing the attorney fee provision which stated the parties would bear their own attorney fees and costs. The trial judge explained that provision was contrary to the Elder Abuse Act […]
Marijuana Users Not Protected By The Americans with Disabilities Act [ADA].
Severely disabled residents of two California cities were authorized by doctors to use marijuana for medical purposes. Use of marijuana is permitted under California law, but prohibited under federal law. The Ninth Circuit decided the individuals covered under the Americans with Disabilities Act [ADA] do not include persons engaged in the illegal use of drugs. James […]
No Legal Duty To Protect Plaintiff In Cow Versus Motorcycle Case.
Plaintiff’s complaint alleged negligence and premises liability after a 1,200-pound cow named “Annie” charged him while his motorcycle was stopped on a paved road within a ranch, but classified as an easement and used by eight families to get to their landlocked properties. At the close of plaintiff’s evidence at trial, the court granted a nonsuit. […]
After Anti-SLAPP Motion, Cross-Complaint Against City Permitted To Stand, In Part.
City brought an action against commercial property owners to abate public nuisances, prostitution and operation of medical marijuana dispensaries. The trial court granted the city preliminary injunctions. Meanwhile, the property owners cross-complained against the city and several city employees for slander, trade libel and intentional interference with prospective economic advantage, centering around certain statements made to […]
No Copyright Infringement Over A Seven-Second Clip From The Ed Sullivan Show.
At the end of the first act of the musical Jersey Boys, a seven second clip from the old Ed Sullivan show is shown on a screen. The clip was used without permission of the holder of the license who brought an action for copyright infringement. The musical’s production company claimed their use of the clip amounted to […]
Political Party Has Standing To Challenge California Law Requiring Political Signature Gatherers To Be Registered Voters In Same County Where Signatures Gathered.
Plaintiff Libertarian Party of Los Angeles County brought an action against California’s Secretary of State, seeking a holding that California’s Election Code [§§ 8066 & 8451] violates the First and Fourteenth Amendments because it mandates that those persons who collect signatures for the nomination papers of political candidates must be “voters in the district or political […]
When You Point A Finger At A Doctor, Back It Up, Or Get A New Trial.
Plaintiff was injured when an elevator fell six floors. One of the defendants asked a question at trial about whether or not a treating physician met the standard of care. The trial judge sustained the plaintiff attorney’s objection. During deliberations, the jury asked whether it could assign a percentage of responsibility to a person not listed […]
A “Search” Within The Meaning Of The Fourth Amendment Includes Using A Drug-Sniffing Dog On A Homeowner’s Porch.
Police received a tip that marijuana was being grown in a home. A surveillance team went to the home and watched it for 15 minutes. Seeing no activity, a detective and a trained dog handler with his drug-sniffing dog approached the home. The dog had been trained to detect the scent of marijuana, cocaine, heroin and […]
Partner In Medical Group Has Standing To Sue Under FEHA.
A doctor was the regional director for an emergency physicians’ medical group with 700 partners who work in emergency rooms throughout California. She served on the Board of Directors for 11 months when she was terminated from her position as regional director after she reported that “certain officers and agents” of the group had sexually harassed […]
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