An attorney, who represented a client in two divorce cases and a related Marvin action [Marvin v. Marvin (1976) 18 Cal.3d 660 [134 Cal.Rptr. 815, 557 P.2d 106]] without a statutorily required written hourly or contingency fee agreement, sued his client for the reasonable value of the services he rendered in the three cases. The jury, […]
Arbitration Agreement In Employment Case Unconsionable.
In a wrongful termination action, the trial court denied defendant’s petition to compel arbitration because the agreement is procedurally and substantively unconscionable. On plaintiff’s first day of work, she was provided electronic access to the employer’s “onboarding system,” which included an arbitration agreement. Later the same day, plaintiff attempted to negotiate some of the terms […]
“Challenging Someone Equipped With A Badge, Handcuffs, And A Gun To ‘Arrest Me’ Was Unwise.” The Ninth Circuit.
This is the situation. It’s a busy juvenile court in L.A. County, and the deputy public defender [P.D.] went back to her office. The judicial officer had 53 cases to be heard and wanted the P.D. there, but the P.D. did not answer her pages or pick up her phone, even though she heard them. […]
“A Strong Spirit Transcends Rules,” Prince.
This is what happened: A young mother placed a 29-second video of her two little children in the kitchen dancing to Let’s Go Crazy by Prince on YouTube. She titled the video “Let’s Go Crazy #1.” During the video, the mother asks her 13-month old “what do you think of the music,” and he bobs […]
Pay The Two Dollars.
Class action plaintiff alleges a public entity operating a recreational park violates the Vehicle Code by issuing traffic citations based upon video camera images of a license plate, but not of the driver of a car in the park. An ordinance authorizes the entity to use “automated” photographic or video equipment to enforce another ordinance […]
Complex Scientific Causation Testimony.
Defendant is a pharmaceutical company and plaintiffs are persons who ingested a drug manufactured by defendant who allege they suffered from bladder cancer as a result of taking the drug for diabetes. At trial, plaintiffs’ expert testified that based on his performance of a differential diagnosis, he believed the drug was a substantial factor in […]
Summary Judgment Reversed By California Supreme Court.
The negligent driving of a third party motorist caused another car to strike a tree planted on a center median owned and maintained by a City. The collision resulted in death or injury to all the car’s occupants. Plaintiffs sued the City for a dangerous condition of public property. The City moved for summary judgment, […]
Mixed Issues Of Equity And Law.
When a case involves mixed issues of , a trial court may not act as a factfinder on issues it specifically reserves for jury determination. In this case, in granting a JNOV, the trial court “improperly transformed its equitable finding of unenforceability as to specific performance into a finding of unenforceability as to the legal […]
Payback To Insurance Company After It’s Ordered To Pay Cumis Counsel To Defend Its Insured, And It Claims Cumis Counsel Padded The Bills.
The question tackled by the California Supreme Court here is that after an insurance company is compelled by a court order to provide independent counsel to defend its insured in a third-party action pursuant to San Diego Federal Credit Union v. Cumis Ins. Society, Inc. (1984) 162 Cal.App.3d 358 [208 Cal.Rptr. 494], and the insurer […]
Once Emergency Lights Activated By Police, A Driver Is Considered Detained.
A Sheriff’s department received an emergency 911 call, reporting some people were fighting in an alley behind his home. The caller said he could hear screaming and one person had said, “the gun was loaded.” The caller stayed on the line, and shortly thereafter confirmed a squad car had arrived. As an officer drove along […]
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