Plaintiff brought an action against a debt collector under the Fair Debt Collection Practices Act [FDCPA; 15 USC § 1601] alleging she was harassed and falsely threatened in order to collect a debt after she defaulted on her student loan guaranteed by Ed Fund, a division of the California Student Aid Commission. Both the trial and […]
Despite The Pregnancy Disability Leave Act Mandating Four Months Leave, An Employer May Nonetheless Be Liable For Other Violations Under The Fair Employment And Housing Act.
Plaintiff brought an action under the California Fair Employment and Housing Act [Government Code section 12900; FEHA] alleging she was disabled due to a high risk pregnancy. Her employer granted her all permissible leave available under the Pregnancy Disability Leave Act [Government Code section 12945; PDLL], then terminated her employment when she failed to report for […]
Corporations Code Section 2010 Does Not Apply To Foreign Corporations.
Corporations Code section 2010, provides in relevant part: “(a) A corporation which is dissolved nevertheless continues to exist for the purpose of winding up its affairs, prosecuting and defending actions by or against it and enabling it to collect and discharge obligations, dispose of and convey its property and collect and divide its assets, but not for […]
Child Abduction Custody Case Involving Member Of Military Not Moot.
In an action involving the International Child Abduction Remedies Act [ICARA; 42 U.S.C. 11601], a member of the U.S. Army filed for divorce shortly after he returned from deployment to Afghanistan. His wife, a citizen of Scotland was deported and took their child with her after a federal district court concluded the child’s habitual residence was […]
Injunction Enjoining Former Employees/Plaintiffs From Free Speech Rights Discussing Action With Current Employees Vacated.
The trial court ordered plaintiffs in a qui tam action from discussing their case with current employees during the pendency of the lawsuit. On appeal, plaintiffs argue the order is unsupported by the evidence, violates policies underlying the False Claims Act [Government Code section 12650] and that it infringes the free speech rights of the individual […]
CHP Owed No Duty Of Care To Bus Passengers Involved In Highway Collision.
An SUV was in a collision and came to rest on its side blocking at least one lane of SR 99 when a Greyhound bus came upon the scene and another collision occurred, resulting in the deaths of three bus passengers and three SUV occupants. In the litigation which followed, Greyhound cross-complained against the California Highway […]
Unclean Hands Defense Defeats Claim Of Adverse Possession.
Two years after the owner of a residence died intestate leaving two sons, plaintiff and her husband changed the locks and placed a “No Trespassing” sign on the property which also indicated she was the owner. Plaintiff and her husband placed a fence around the property and commenced repairs. They recorded a quitclaim deed from the […]
Tenant Prevails In Unlawful Detainer Action.
Property owner raised the rent and the tenant refused to pay rental increases, arguing the increase violated the city’s rent stabilization ordinance. The owner responded by filing an unlawful detainer action. A provision in the ordinance states that a tenant may refuse to pay rent greater than that allowed under the ordinance. The trial court agreed […]
Grant Of Judgment Notwithstanding The Verdict Reversed.
A ship used for marine education was having a live-on-board program when an adult drowned after “free-diving” off the ship. A jury returned a verdict finding liability on the part of the ship’s operator, but no negligence on the part of the ship’s owner. The trial judge made a post-jury verdict finding there was uncontroverted evidence […]
Special Topping At Burger King Causes Emotional Distress Absent Physical Injury.
Plaintiff brought an action for damages after he was served a hamburger at Burger King tainted with a glob of saliva later traced by DNA back to an employee. The district court dismissed because Washington law does not permit relief for emotional distress absent physical injury. The Ninth Circuit reversed the grant of summary judgment and […]
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