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 . . . […]
Revocation Of Chiropractor’s License Upheld.
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 […]
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