Group carried pictures of aborted fetuses at a busy intersection in South Carolina, and a police officer informed them they would be ticketed for breach of the peace if graphic signs were not discarded. Eventually a petition was filed by the protestors alleging their First Amendment rights were being violated when police informed the group […]
Wallscape Advertising In Place Since 1984 Olympics Approved By City, But, Violates State Law.
L.A. building, purchased in 1999, had 8,000 square feet of advertising space on its side. Permits from the City were located at the time of purchase, but no investigation was done to determine whether there were state-issued permits. The Department of Transportation [Caltrans] found the wallscape to be in violation of the Outdoor Advertising Act […]
In Good Times And In Bad Times.
A union brought action against a city, alleging the city retracted its promise to pay 50 percent of its employees’ medical insurance premiums after retirement. The trial court sustained a demurrer without leave to amend the petition for writ of mandate. Applying the California Supreme Court’s 2011 opinion in Retired Employees Assn. of Orange County […]
Mobile Home Park Application For Conversion Improperly Denied.
A mobile home park applied to a city to convert the park to resident ownership by subdividing the park into individual lots which would be offered for sale to residents. Government Code §66427.5 required the park to conduct a “survey of support.” Only a handful of park residents completed the survey, and of those, 58 […]
Completed And Accepted Doctrine Applied.
Under the “completed and accepted doctrine,” once a contractor completes work that is accepted by the owner, the contractor is not liable to third parties injured as a result of the condition of the work, even if the contractor was negligent in performing the contract, unless the defect in the work was latent or concealed. […]
No Duty To Defend.
Company A advertised its product, which resembled and had a name similar to the product sold by Company B. Company A’s advertisement, however, did not identify Company B’s product expressly and did not disparage Company B’s product. When Company B sued, Company A made a demand on its insurer to defend under an insurance policy […]
But The Parole Board Was Wrong.
Under Penal Code §3550, the Board of Parole Hearings denied medical parole to a quadriplegic inmate who requires 24-hour care. The Court of Appeal reversed, concluding it found no evidence showing the conditions of the inmate’s release would reasonably pose a threat to public safety. In re Steven C. Martinez on Habeas Corpus (Cal. App. […]
Deference Should Be Given To Prison Authorities.
A finding that an inmate in state prison is a gang member or associate can result in the inmate’s placement in a security housing unit under Cal. Code Regs., tit. 15, § 3023, subd. (b). In this case, the inmate had several photocopied drawings containing symbols assertedly distinctive to the Mexican Mafia, and one of […]
Neighbor Pays For “Hack Job” To Tree.
Another case involving a neighbor cutting down portions of a tree. The trial court awarded damages of $22,530, which it doubled under Civil Code § 3346 to total $45,060. Under Civil Code § 1029.8, the court awarded an addition $50,148 for attorney fees because the tree trimmer was unlicensed. Calling the tree cutting a “hack job,” the […]
Those Running For Judicial Office Beware!
Judge was publicly admonished for violating the Political Reform Act [Government Code §§81000-91014.] when he ran for judicial office in 2008. At that time, he was an attorney-candidate. An audit of the judge’s campaign committee by the Fair Political Practices Commission revealed violations of the Act. There was no evidence of any intent to conceal […]
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