Plaintiff was stopped by the police while driving his truck to a job site. He was arrested for driving without a license in an unregistered vehicle, and the police contacted a towing company to tow the truck away. Plaintiff sued the towing company for wrongfully withholding his 1998 Dodge light truck for 38 days until […]
Fourth Amendment Violation For Seizing Homeless Persons’ Shopping Carts.
Nine homeless persons living on Skid Row filed suit against the City of Los Angeles, alleging their constitutional rights were violated when the City seized and destroyed their personal possessions temporarily left on public sidewalks while they attended to necessary tasks. The trial court issued an injunction against the City from performing regular “clean-ups,” and […]
Dismissing Elder Abuse Case Costly.
Plaintiff sued under the Elder Protection Act [Welfare and Institutions Code §15600 et seq.]. Defendant hospital served an offer to compromise under CCP §998 offering “to waive costs and to refrain from pursuing a claim for malicious prosecution” if the suit were dismissed with prejudice. The offer expired, but during jury selection, plaintiff did dismiss […]
District Court Reversed For Penalizing When Statute Says No Penalty.
Defendants were sued for false advertising, trademark infringement and cybersquatting under The Lanham Act [15 U.S.C. §1051 et seq.]. The statute states the sum awarded “shall constitute compensation and not a penalty.” The trial judge doubled the amount of actual damages and the Ninth Circuit reversed, stating the district court apparently had an intent to […]
School District May Be Vicariously Liable For Sexual Harassment Of A Student.
In a case involving allegations of sexual abuse of a 14 or 15-year-old student, the California Supreme Court concluded “a public school district may be vicariously liable under [Government Code] section 815.2 for the negligence of administrators or supervisors in hiring, supervising and retaining a school employee who sexually harasses and abuses a student. Whether […]
Defense Lawyer’s Final Argument Egregious But Not Prejudicial.
During her final argument in a product liability case involving severe physical injuries to the child plaintiff undergoing a tonsillectomy with the use of an electrocautery device, defense counsel included the following statements: “[Plaintiff] has crafted a case to fit what he wants. He’s crafted it. Why? I think you know. I think you’ve all […]
Howell V. Hamilton Meats Concept Extended To Workers Compensation Lien.
Howell v. Hamilton Meats & Provisions, Inc., 52 Cal.4th 541, [257 P.3d 1130; 129 Cal.Rptr.3d 325], held an injured person’s recovery of past medical expenses as economic damages was limited to the discounted amount that the medical providers accepted as payment in full from the injured person’s private health insurance carrier. This appellate panel concluded […]
Can’t Slapp A Hospital Peer Review Committee.
Doctor sued hospital for retaliation and discrimination after it terminated his contract. The hospital successfully filed an anti-SLAPP motion [CCP §425.16]. The appellate court affirmed, finding the hospital’s peer review proceedings qualified as protected activity under the statute. Nesson v. Northern Inyo County Local Hospital District (Cal. App. Fourth Dist., Div. 2; March 6, 2012) […]
School District Shouldn’t Keep Secrets.
On May 10, a school district denied a claim made regarding a six-year old, but when it mailed notice of the denial on June 9, it did not include the date the claim was denied. When the plaintiff petitioned under Government Code § 946.6 to file a late claim on December 3, a petition which […]
Physician-Patient Privilege Does Not Apply To Nurses.
The court issued an injunction under C.C.P. §527.6 after a nurse reported to the police a neighbor of the petitioner said she made a will and funeral arrangements because she planned to kill her neighbor [petitioner] and then herself. On appeal, the enjoined person argued the only evidence of a credible threat was hearsay protected […]
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