Two vehicles collided in an intersection and plaintiff, who was on a sidewalk, was severely injured, incurring $3,751,969 in medical bills. A jury found both defendants were negligent, but that the negligence of only one of the defendants was a substantial factor in causing damages to the plaintiff. The defendant who was found liable contended […]
Free Speech: Texas Can Control What Its License Plates Say.
Texas offers automobile owners a choice between ordinary and specialty license plates. Those who want the State to issue a particular specialty plate may propose a plate design, comprising a slogan, a graphic, or both. If the Texas Department of Motor Vehicles approves the design, the State will make it available for display on vehicles […]
3-Year-Old’s Statements To Teachers Not Testimonial & Did Not Implicate Confrontation Clause.
A 3-year-old boy, who was being cared for by his mother’s boyfriend, went to school with a black eye, belt marks on his back and stomach, and bruises all over his body. The 3-year-old told school teachers the boyfriend inflicted the injuries. When authorities went to the home, the boy’s 18-month-old sister had two black […]
Supreme Court Holds Church May Put Up Temporary Signs To Announce Times And Places Of Its Services.
A town has a strict Sign Code, which permits ideological, political and a limited category of directional signs for “qualifying events.” A small, cash-strapped church and its pastor wished to advertise the time and location of their Sunday church services. Services are held in changing locations in or near the town. The church began placing […]
Appeal Or Order Granting Motion To Strike SLAPP-back Case Dismissed For Lack Of Jurisdiction.
Code of Civil Procedure section 904.1, subdivision (a), subsection (13), states: “An appeal. . . may be taken from any of the following: [¶] (13) From an order granting or denying a special motion to strike under Section 425.16.” In the present case, the plaintiff/appellant had specifically pled the claim was a SLAPP-back cause of […]
Family Code § 852 Must Be Satisfied Before Joint Title Transmutation Presumption Of Family Code § 2581 Applies.
In their divorce, the wife contended there was a community property interest in a partnership which was owned by the husband for years prior to the marriage for which the partnership agreement was modified during the marriage to state the husband and wife were both owners. In creating a joint title presumption, Family Code section […]
Order Changing Custody Of Children Reversed.
The Court of Appeal issued a peremptory writ in the first instance after the court issued a modification order changing custody to the noncustodial parent, thereby requiring the minor children to move in the middle of the school year from their California home to the noncustodial parent’s home in Alabama. The appellate court said the […]
Judicial Admission Made In Unverified Complaint Against General Contractor.
This is the scenario: A homeowner sued a general contractor, alleging shoddy work. In his unverified complaint, the homeowner alleged the contractor was licensed at all times. The general contractor responded with a cross-complaint for unpaid work. A local rule required plaintiff to identify all controverted issues, and plaintiff did not identify licensure as a […]
All Female Staffing Policy For Some Prison Jobs Not Discrimination Against Males.
A prison designated a number of female-only positions, and the prison guard union brought suit for discrimination against male correctional officers. In a 1993 case [Jordan v. Gardner (1993) 986 F.2d 1521], a federal court halted the practice of permitting cross-gender pat down searches in nonemergency situations. In addition, over the years, there have been instances […]
Nurse Drawing Blood For Police Department Alleges She Was Sexually Harassed By Police Officer.
A nurse alleges that while she was providing phlebotomist services to a police department, she was sexually harassed by a City police officer. A jury awarded damages against the City, and judgment was entered for $1.125 million. In its motion for JNOV, the City argued the nurse [who was not a City employee, or a […]
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