A deponent’s wife was sued for allegedly causing severe personal injuries when she struck a woman on a bicycle while she was driving her car. In separate criminal proceedings, the deponent’s wife pled guilty to felony driving under the influence of prescription medications. At the deposition, the deponent was asked certain questions which raised a […]
Right To A Jury Trial.
Insurance company agreed to continue paying disability payments while it investigated whether or not insured was totally disabled. At the conclusion of its investigation, the insurance company filed a declaratory relief action. The insured asked for a jury trial, and the insurance company prevailed upon the trial court to deny the request because it was […]
No Loss Of Consortium Claim Under Labor Code §4558.
Where an employee is injured in the course and scope of his or her employment, workers’ compensation is generally the exclusive remedy of the employee and his or her dependents against the employer. (Labor Code §§ 3600(a), 3602). Labor Code §4558 authorizes an injured worker to bring a civil action for tort damages against his […]
No Wrongful Termination When Contract Not Renewed.
Actress brought suit for wrongful termination after her contract for a sixth season of a television show was not renewed. The trial court denied defendant’s motion for a directed verdict, and defendant sought extraordinary relief. The Court of Appeal granted the petition, stating: “A cause of action for wrongful termination in violation of public policy […]
Arbitration Clause In CC&R’s Binding On Association Which Did Not Exist When Drafted.
An owners association filed a construction defect action against a condominium developer, seeking recovery for damage to its property and damage to the separate interests of the condominium owners who compose its membership. In response, the developer filed a motion to compel arbitration, based on a clause in the recorded declaration of covenants, conditions, and […]
Nurse Loses License And Files Petition Too Late.
Registered Nurse lost her license and challenged the decision in a petition for writ of administrative mandate under CCP §1094.5. The Board of Registered Nursing demurred, and the trial court dismissed because the petition was untimely. On appeal, the nurse contends she did not learn of the revocation until after the period for filing the […]
Losing Party Hires Private Investigator To Search For Undisclosed Conflicts With Arbitrator.
In a lot line dispute with neighbors, the losing party brought suit against his lawyers believing their negligence was the cause of the “disastrous results.” The client demanded arbitration with JAMS, and the lawyers counter-claimed for unpaid fees and costs. The arbitrator found the client lacked credibility, and eventually awarded the lawyers $289,028.85. “Shocked” by […]
Private Right Of Action Exists.
Class of current and former patients of skilled nursing facilities brought action under Health and Safety Code §§ 1276.5 and 1430(b), alleging defendants had a pattern and practice of systematically understaffing its facilities. The trial court sustained defendants’ demurrer without leave to amend, finding regulatory statutes were involved and no private cause of action was […]
Whistleblower Case Not Subject To Anti-SLAPP Motion To Strike.
A doctor reported to hospital authorities that some nurses who worked with him at a medical center failed to follow his instructions. In some instances, he believed the nurses endangered patients’ lives. One nurse refused to follow his order to shock a patient with defibrillator paddles. Another disobeyed his order to transfer a patient to […]
Libel Per Se; Motion Under CCP § 425.16 Anti-SLAPP Denied.
In an election for the Board of Directors of a homeowner’s association, one candidate wrote about another: “As you know, Board Members, like any elected representatives, owe allegiance and loyalty to the people who elect them. They may not self-serve or ‘feather their own nest[.]’ [The candidate] was on the Board and . . . […]
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