Superior court denied a petition for writ of administrative mandate brought by a chiropractor who contended the State Board of Chiropractic Examiner’s decision to revoke her license was not supported by the evidence, and that she was denied a fair hearing. The chiropractor was convicted of seven misdemeanor violations of presentation of fraudulent claims for […]
Appeal Dismissed When Husband Refused To Disclose His Finances.
The first paragraph of the opinion says it all: “In this marital dissolution action, the trial court orders husband to pay wife’s attorney fees and costs pursuant to Family Code section 2030. Husband appeals and contends the evidence of his financial circumstances is insufficient. Perhaps. But here sufficiency of the evidence is beside the point. […]
Trial Court Must Hold Hearing On Whether Parties Agreed To Class Arbitration.
The trial court granted defendant’s motion to compel arbitration, but rejected its request that the court order individual arbitration. The appellate court granted defendant’s petition for extraordinary relief and ordered the trial court to vacate its order denying individual arbitration and provide the parties with an opportunity to submit evidence and argument on the issue […]
No Fees To Class Counsel Who Committed Ethical Violation By Representing Clients Whose Interests Were Conflicting.
Plaintiffs filed an antitrust class action against a publishing company. At the outset of the litigation, lawyers entered an “incentive agreement” with some of the plaintiffs whereby the firm would apply to the court for a fee award based on recovery against West Publishing. The agreement provided “If the settlement amount was greater than or […]
California Rule Of Court 3.769 Didn’t Cut It.
Students brought action against the Los Angeles School District and others on the theory they were denied their constitutional right to equal educational opportunities after a reduction in the teacher force. A settlement was negotiated and judgment was entered. The United Teachers Los Angeles [UTLA] union appealed, arguing the consent decree potentially abrogates the seniority […]
Think Before Interpleading.
Action involves dispute over proceeds from a life insurance policy. The insurance company interpleaded the funds and the claimants settled their dispute. But a negligence cause of action against the insurance company alleging the whole dispute was caused by the company’s carelessness in administering the policy had been plead. The trial court dismissed the claim […]
All Insurers Pay.
The California Supreme Court considered questions of insurance coverage in connection with a federal court-ordered cleanup of the Stringfellow Acid Pits waste site. The opinion reaffirmed “the ‘continuous injury’ trigger of coverage,” as that principle was explained in Montrose Chemical Corp. v. Admiral Ins. Co. (1995) 10 Cal.4th 645, 655, [913 P.2d 878; 42 Cal.Rptr.2d […]
Hoist By Its Own Petard.
In an underlying suit, a worker sued a crane company for work-related injuries. The crane company cross-complained against the worker’s employer, seeking indemnity. There had been a form contract between the crane company and the employer which specified that Pennsylvania law would be followed. The trial court found the indemnity agreement was inapplicable to the […]
Question Of Fact Regarding Slip & Fall On Spill In Store.
Plaintiff slipped and fell on jewelry cleaning solution in a jewelry store. The Trial court granted summary judgment because the store did not have actual or constructive notice of the spill. Appellate court reversed, noting “the reasonable inference to be drawn . . . is that one of defendant’s employees caused the cleaning fluid to […]
No Liability For Slip & Fall In Hotel Bathtub.
Plaintiff slipped and fell in a hotel bathtub and sued the hotel and the manufacturer of the bathtub. Against the manufacturer, he alleged the Slip-guard surface was not safe. Even plaintiff admitted industry standards were met. The appellate court stated plaintiff and his expert “were obligated to give a greater factual basis for application of […]
- « Previous Page
- 1
- …
- 147
- 148
- 149
- 150
- 151
- …
- 164
- Next Page »