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 […]
Private Attorney General Fees May Be Recovered When Incurred In An Administrative Proceeding.
If certain specified conditions are met, Code of Civil Procedure section 1021.5 provides for an award of attorney fees “in an action which has resulted in the enforcement of an important right affecting the public interest.” In Edna Valley Watch v. County of San Luis Obispo (Cal. App. Second Dist., Div. 6; August 2, 2011) […]
Statute Of Limitations On Federal Habeas Petition Does Not Apply In Face Of A Credible Claim Of Actual Innocence.
Under the Antiterrorism and Effective Death Penalty Act of 1996 [28 U.S.C. §2241, ff.] a federal petition for habeas corpus must generally be filed within one year from the date that direct review becomes final. (Check the statute for certain exceptions.) But in an en banc opinion, the 9th Circuit ruled that where the petitioner […]
Failure To Plead Alter Ego Theory Does Not Preclude Amendment Of Judgment If Alter Ego Was Virtually Represented In The Action.
After obtaining judgment against Sayrahan Group, LLC, plaintiff discovered that D’Arco had always had a 100% ownership of the company and made all of its business decisions. Plaintiff filed a motion to amend the judgment to add D’Arco as a judgment debtor. The trial court denied the motion, holding plaintiff had to file a new […]
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