In a class action, a plaintiff argues that a series of automated telephone calls placed to his home by Best Buy violated the Telephone Consumer Protection Act [TCPA, 47 U.S.C. §227]. The district court granted summary judgment for Best Buy and the Ninth Circuit reversed, rejecting Best Buy’s argument the calls were informational only. Chesbro […]
Injunction Against Using Automatic Dialer To Call Cell Phones.
The district court granted a preliminary injunction motion and provisional class certification restraining a debt collection service from using an automatic dialer to place calls to debtors’ cellular telephones. The Ninth Circuit affirmed, finding the plaintiff demonstrated irreparable harm due to invasion of consumers’ rights of privacy under the Telephone Consumer Protection Act [TCPA, 47 […]
Supermarket Not Liable For Selling Beer To Passenger Of Driver Who Killed Another In Car Accident.
A checker at a Safeway store sold a 12-pack of beer to a man under the age of 21, who was the passenger in a car that caused an accident a few minutes later, killing the son of plaintiffs. The checker asked for identification and was shown a forged California driver’s license indicating the purchaser […]
State Not Liable For Accident Caused By Employee Driving To Work From A Medical Workers Compensation Appointment.
Employee of a state prison who was injured on the job was driving to work after seeing a Workers Compensation doctor for the injury when she allegedly caused an accident which resulted in severe personal injuries to plaintiff. Following presentation of plaintiff’s case, the trial court entered nonsuit in favor of the State. The appellate […]
Body Shop That Endorsed Insurance Check Held Liable For Conversion Of Credit Union’s Interest In The Proceeds.
A credit union financed the purchase of a Bentley in the amount of $136,126. The car was collateral for the loan and the owner was required to maintain insurance for the car. The owner did fulfill his obligation to have insurance but did not name the credit union as an additional insured on the policy. […]
Same Business, Different Name.
Investor provided $75,000 toward investment and was to receive 100 percent of the net cash receipts until his investment was recouped. Unbeknownst to him, the company formed another company doing the same kind of business under a different name. The court found the corporation could not escape liability by shifting assets and changing its name. […]
No Prevailing Party Fees For Work Done By “Of Counsel.”
May a law firm recover attorney fees under a prevailing party clause when the firm is a successful litigant represented by “of counsel?” An appellate court held that “because the relationship between a law firm and ― “of counsel” is close, personal, regular, and continuous, we conclude that a law firm and ― “of counsel” […]
Two Arbitration Agreements Signed…Which Will Be Upheld?
Woman and her accountant/Oakwood Capital Management agreed any dispute between them would be decided under California law through arbitration in accordance with American Arbitration Association [AAA] rules. The agreement between the woman and Ameritrade provides for arbitration governed by Nebraska law in accordance with Financial Industry Regulatory Authority [FINRA] rules. The trial court denied the […]
No Attorney Fees.
Employer settled case with employees who contended they were not given rest breaks required by Labor Code §227.7. The California Supreme Court decided “the most plausible inference to be drawn . . . is that the Legislature intended Labor Code §226.7 claims to be governed by the default American rule that each side must cover […]
Question Of Fact Whether Dangerous Condition Of Public Property Existed.
Traffic exiting baseball park was induced onto a public street where plaintiff was standing behind her car when she was hit by a drunk driver. The trial court granted summary judgment. The appellate court reversed, holding numerous questions of fact existed relating to the issue of dangerous condition of public property. Cole v. Town of […]
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