Just prior to retiring, the first judge denied a motion to stay or dismiss an action on the ground of forum non conveniens in a product liability case. A second judge granted the same motion when it was renewed. Plaintiffs appealed, contending the second judge erred by reconsidering without finding the earlier order was erroneous and […]
Securities Fraud — The Sum Of The Allegations Is Greater Than Its Parts.
A securities fraud complaint alleged false financial adjustments were made to a company’s accounts, and the district court dismissed it for failure to sufficiently allege scienter as to each of the defendants. The Ninth Circuit reversed, noting that viewed in isolation any one allegation may not compel an inference of scienter, but “when we consider the […]
Trial Court Ordered To Deny Motion In Limine After Party Argued It Eviscerated Case.
The trial court granted a motion in limine to exclude the testimony of an appraiser in an eminent domain action. The parties thereafter stipulated to the value of real property and the trial court entered judgment in accordance with the stipulation. The property owner contended on appeal that the use of a motion in limine […]
Seven Percent (7%) Interest On Execution Of Judgment Which Was Later Overturned On Appeal Is Affirmed.
A party collected money by executing on a judgment that was later overturned on a and the other party sought restitution under Code of Civil Procedure section 908. The party who collected the money did not contest the trial court’s order that it pay the money back after the case was overturned, but did contest the […]
Boy Scouts Only Indirect Or Incidental Aid By A City For Religious Discrimination.
The plaintiffs are adults who are either lesbians or agnostics and who use two parks which are partially leased by the City of San Diego to a nonprofit corporation chartered by the Boy Scouts of America. Plaintiffs allege the leases violate provisions of the California and federal Constitutions relating to the Establishment of Religion and the […]
Technological Changes Did Not End Design Immunity In Construction
Plaintiffs were injured in an accident on a bridge and brought an action for dangerous condition of public property. Defendants argued they enjoyed design immunity, but plaintiffs contended they lost that immunity when they became aware of certain technological changes which made it appropriate to install modifications. The trial court entered judgment in favor the […]
Sexual Harassment Against Employer Verdict Under Civil Code Section 51.7: Freedom From Violence Or Intimidation.
A woman janitor brought an action against her employer for sexual harassment and acts of violence against her involving kisses and other touching forced upon her by a co-employee who did a lot of drinking on the job. The case was tried, not on FEHA violations, but on causes of action for negligent supervision and […]
Tree In Median Did Not Constitute A Dangerous Condition Of Public Property.
Several persons were killed in an automobile accident. The driver of another vehicle was arrested at the scene and later convicted of vehicular manslaughter. An action against the City for dangerous condition of public property was brought, alleging a magnolia tree on the median, the height of the curb and other design features of the roadway […]
Arbitration Agreement Not Unconscionable.
Plaintiff brought an action against her former employer alleging discrimination and harassment based on race and sex. When plaintiff applied for the job, she had filled out an 11-page employment application, several pages of which required her signature on the bottom of the page. The signature lines were highlighted in yellow. Page 8 was entitled, […]
Lawyer Equitably Estopped From Claiming No Referral Fee Due.
A referring plaintiff’s firm referred a potential class action case to a lawyer who specializes in class actions. The specialty lawyer promised to pay the referring firm one-third of any legal fees recovered. The client consented in writing to the referral fee. The specialty lawyer selected a different class representative than the one referred by […]
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