A judgment of dismissal was entered by the trial court in favor of an insurance company in a case which was tentatively certified as a class action. The members of the putative class were insureds who paid their premiums in monthly installments. The trial court granted plaintiffs’ motion to tax costs of $713,463.72 incurred by […]
No Fees For Trustee Of Special Needs Trust.
Plaintiff served as trustee of a special needs trust for four and a half months. The trust specified that any trustee who succeeded the public guardian was not entitled to compensation. Nonetheless plaintiff billed the estate $108,771.07, and the trial court awarded him $51,285.63, likely because it was the court who had appointed that particular […]
Employer Not Estopped From Asserting Plaintiff Did Not Qualify For Family Leave.
An employee brought an action for wrongful termination against public policy after his requested family leave under the federal and state family leave laws [29 U.S.C. §2601; Government Code sections 12945.1-12945.3.] was denied. The plaintiff, a driver for a linen supply company, informed his supervisor that he needed seven weeks off to go to Sweden […]
Whistle Blower Statute Applying To Violations Of State Laws Does Not Apply To Violations Of Charter City’s “Municipal” Laws.
Plaintiff brought an action against a city for wrongful termination in retaliation for her refusal to violate the City’s charter, municipal code and its civil service rules and regulations. The trial court dismissed the whistle blower action under Labor Code section 1102.5 (c). The appellate court affirmed, stating: “The primary question presented by this appeal […]
City Did Not Improperly Exclude Adjacent Pending Residential/Commercial Development From Its EIR.
The trial court denied a group’s petition for writ of mandate to vacate certification of an environmental impact report [EIR]. Petitioners claimed the City wrongly defined the project to exclude the pending residential and commercial development on an adjacent property, and that the project is interrelated with the City’s development of a park. The appellate […]
Defendant In Civil Child Molestation Action Restrained From Transferring His Assets Pretrial.
Plaintiff brought an action against defendant for child molestation, alleging he repeatedly sexually molested her from the age of 12 until she was 21, a month after he pleaded no contest to one felony count of lewd contact with a child under the age of 14. Pretrial in granting a preliminary injunction, the trial court […]
Plaintiff Failed To Engage In Interactive Process Required By FEHA.
A Department General Order requires that when a police officer returns to full duty after a period of temporary duty, the officer must be able to perform the essential functions of the full duty police officer position. Here plaintiff started as a police officer in 1981 until 2005 when he suffered a severe heart attack […]
Settlement Agreement Declared Void By Court.
In 2002, the city of Los Angeles amended its municipal code to ban off-site advertising signs and alterations and enlargements to existing off-site signs, along with an inspection program involving an inspection fee. An outdoor advertising business brought a reverse validation action under Code of Civil Procedure section 860, [The validation statutes permit a local […]
Pregnancy Discrimination Judgment Reversed.
A jury awarded $113,830 in compensatory damages for employment pregnancy discrimination. The trial court later awarded $1,157,411 in attorney fees. The employer requested, and the trial court refused to give, the following instruction: “You may not find that [the employer] discriminated against [the plaintiff] based upon a belief that [the employer] made a wrong or […]
Ninth Circuit Relaxes Standard For Personal Jurisdiction Based On Internet Postings.
The Ninth Circuit, in opinions written by Judge William Fletcher, made it easier to subject defendants to local jurisdiction based on activities on the internet. In CollegeSource, Inc. v. AcademyOne, Inc. (Ninth Cir.; August 8, 2011) 653 F.3d 1066, [2011 DJDAR 11896], defendant, a Pennsylvania corporation posted material collected by plaintiff on its website. Defendant […]
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