In a civil rights case, the district court vacated an award for attorney fees and reduced it from $3.2 million to $500,000, and reduced costs sought from $900,000 to $100,000 without explanation. The Ninth Circuit reversed, stating: “While it identified the correct rules, it provided no explanation for how it applied those rules in calculating the […]
First Amendment Rights: Plaintiff Talked Himself Into Jail, And The Officer Talked Himself Into A Lawsuit.
In a per curiam opinion, the Ninth Circuit reversed the grant of summary judgment to a police department in Washington and against the plaintiff, who was arrested, and later acquitted of violating a noise ordinance. On the way to the station, the plaintiff asked the officer why he was being arrested, and the officer responded: “The […]
Insufficient Evidence In Support Of Motion To Amend To Seek Punitive Damages Against Hospital.
A hospital was allegedly negligent with regard to two surgeries performed on a patient. Plaintiff filed a motion to amend to seek punitive damages, alleging three new causes of action: Violation of Health and Safety Code section 24170 [the Protection of Human Subjects in Medical Experimentation Act]; fraud; and negligence per se. Evidence submitted in support […]
Taxpayer Action Proves Under-Reporting Of Profits By Indian Tribes; Plaintiff Entitled To Fees.
A taxpayer action was brought against the California Gambling Control Commission and the California State Controller alleging they failed to discharge their mandatory duty to collect money derived from gambling owed to the state by various Indian tribes. It was determined the Indian casinos under-reported their net earnings by over $100,000,000, and that $12.8 million had […]
No Damages Under FEHA When Plaintiff Proves Unlawful Discrimination And Employer Proves It Would Have Made The Same Decision Absent Discrimination; But Plaintiff May Be Awarded Attorney Fees.
Plaintiff bus driver brought an action against a City, alleging she was fired because she was pregnant, in violation of the Fair Employment and Housing Act [FEHA, Government Code section 12940]. The City claimed she was fired for poor job performance. At trial, the City asked the court to instruct the jury that if it found […]
No Unfettered Right To Cultivate Marijuana.
Plaintiffs are a group of individuals who use marijuana for medical purposes. They petitioned the superior court to rescind a county ordinance which declares it a nuisance to cultivate more than a certain number of plants depending on the size of the premises. The Ordinance also declares it a nuisance to cultivate marijuana within 1000 feet […]
Officer Should Have Clarified Woman’s Chemical Test Admonition Rights.
A woman was arrested by the CHP when officers found her car stopped on a highway facing westbound in the eastbound lanes with an odor of alcohol on her breath, bloodshot and watery eyes, slurred speech and an unsteady gait. She refused to take a breath test at the scene. At the station, she was read […]
The Holder Rule Permits Action Against A Lender To The Same Extent An Action Could Be Brought Against The Seller Of A Mobile Home.
Plaintiffs bought a motor home that was financed with an installment contract. Shortly after the sale, the contract was assigned by the dealership to a bank. Plaintiffs assert the motor home was defective from the start. After months passed without the demanded repairs being made, plaintiffs disclaimed their ownership in the vehicle and sued the dealership. […]
Consumer Protection Statute Does Not Apply To Online Services.
Apple, Inc. requested or required plaintiff to provide his address and telephone number as a condition of accepting his credit card as payment for online services. Civil Code section 1747.08 precludes requiring a consumer to provide personal information as a condition for accepting a credit card as payment for goods or services. In an earlier case, […]
Attorney Fees Provision In Escrow Instructions Unconscionable.
Plaintiffs lost at summary judgment after bringing an action against a title company for overcharging for notary services performed through the title company’s escrow services company. The escrow instructions contained an attorney fee provision, and, under it, the trial court awarded the title company $266,801 for its attorney fees. The appellate court reversed the attorney fee […]
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