Plaintiff was injured while exiting a bus. In her complaint, she alleged: “On January 15, 2010, Plaintiff filed a timely claim complying with the required claims statute. On or about January 19, 2010, a [Transit District] representative called Plaintiff’s representatives stating there was no date on the claim and requested that date of the incident […]
Dead Beat Dad Remark Protected.
In the midst of a contentious paternity and child support dispute, defendant wrote on a Web site that the public should be careful in dealing with plaintiff because he is a criminal and a deadbeat dad, is into illegal activities, and that she wouldn’t let him into her house. Plaintiff brought an action for defamation, […]
There’s A Difference Between A Waiver Of The Statute Of Limitations And A Tolling Agreement.
A producer of a television series entered into a contract for the services of an actor. On May 16, 2002, the lawyer for the actor sent a letter to the lawyer for the production company: “This letter will confirm our conversation on Wednesday, May 15th in which you courteously agreed that Don Johnson’s time in […]
No Separate Statement Results In Summary Judgment Granted.
In a wrongful termination case, the employer brought a motion for summary judgment containing evidence it had a legitimate business reason for terminating plaintiff’s employment. The evidence was that the employer discovered plaintiff, whose job “involved responding promptly to union members and diligently representing them,” had resigned from the state bar with charges pending after […]
First In Time, First In Right…uh oh, the preliminary title report didn’t catch something…Equitable Subrogation To The Rescue.
A husband and wife borrowed $3.2 million from Chase Bank to refinance their home and pay off two existing deeds of trust. The escrow instructions expressly stated the loan was to pay off the existing first and second deeds of trust, that the loan was not to close unless secured by a new first deed […]
No Jurisdiction.
Plaintiff brought an action against an Austrian-owned railway as a result of her attempting to board a moving train in Innsbruck. She purchased a Eurail pass in California from Rail Pass Experts, a company based in Massachusetts. When attempting to board the train, she fell to the tracks through a gap in the platform and […]
No Interlocutory Review Of Anti-Slapp Motion In Limited Civil Cases.
The appellate division of the superior court does not have jurisdiction to review an order denying a prejudgment anti-SLAPP motion in a limited civil case. The legislative vehicle for appeals to the appellate division, CCP § 904.2, does not specify that such orders are reviewable on direct appeal. Citibank, N.A. v. Tabalon (App. Div. Sup. […]
Change In Law Permitted Court To Revisit Order Denying Arbitration.
In a class action alleging misrepresentation of cellular phone rates, the trial court denied defendants’ motion to compel arbitration in 2006, prior to the United States Supreme Court’s decision in AT&T Mobility LLC v. Conception (2011) 131 S.Ct. 1740, [179 L.Ed.2d 742]. Defendants renewed their motion to compel arbitration and the trial court granted it […]
County Enjoys Absolute Immunity.
County asked for extraordinary relief after the trial court denied its motion for summary judgment. The action alleges a violation of a duty to warn of the violent tendencies of a person placed in a care facility. The conservatee injured one person and killed another. The County argued it was absolutely immune under Welfare and […]
Wrongful Termination Claim Against Hospital Dismissed.
Plaintiff sued a hospital for wrongful termination in violation of public policy because it allegedly violated Labor Code §132a, which generally prohibits discharging an employee for filing a workers’ compensation claim, and for defamation because the hospital told others why she was fired. The trial court dismissed her claims pursuant to different motions brought by […]
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