The man’s work shoes were still in good shape, so he decided to donate his $150/year work shoe allowance for new work shoes for a friend. His attempted gesture was against company policy and he was fired. The Employment Development Department [EDD] refused the man’s claim for unemployment insurance. Ordered twice by the trial court […]
California Statute Violates The Dormant Commerce Clause.
The issue revolves around the dormant Commerce Clause, which is a limitation upon the power of the States to prohibit discrimination against interstate commerce. The statute involved is California’s Resale Royalty Act [Civil Code section 986(a)] which requires the seller of fine art to pay the artist a five percent royalty if the seller resides […]
California Supreme Court Rules On Costs/Attorney Fee Statutory Discrepancies In FEHA Cases.
Code of Civil Procedure section 1032(b) guarantees prevailing parties in civil litigation awards of the costs expended in the litigation, and Code of Civil Procedure section 1033.5 requires the costs be reasonably necessary to the conduct of the litigation. Government Code section 12965, subdivision (b) provides that in Fair Employment and Housing Act [FEHA; Government […]
Federal Trial Court Not Required To Replace Ill Juror.
After a 12-member jury in a criminal trial had deliberated for more than a day and had received answers to five substantive questions, one jurors was excused for illness. Later the same day, the jury returned a guilty verdict. The defendant argued that under Federal Rules of Criminal Procedure, rule 23(b)(3), the court abused its […]
Take My Word For It. . .The Foreclosure Sale Was Canceled.
A notice of default had been recorded against plaintiffs’ residential property, and a notice of trustee sale was also recorded. Plaintiffs retained a lawyer to negotiate a loan modification with the lender. In their complaint for promissory estoppel, plaintiffs allege the lender agreed to continue the scheduled trustee sale and negotiate a loan modification. Discussions […]
Motion To Change Venue.
In an action for bad faith and legal malpractice against several defendants, one of the defendants moved for a change of venue. Under Code of Civil Procedure section 396b, subsection (a), where an action has been filed in the wrong venue, a defendant may move to transfer the case to the proper court. If “an […]
Probate Court Refused To Honor Lien For Attorney Fees After Client’s Death.
An underlying action involved a claim to trust funds; that action was settled, and the settlement was approved by the probate court. But then the underlying plaintiff died too. The plaintiff in the present action was the lawyer for the underlying plaintiff. The lawyer had negotiated the settlement on behalf of the client who later died. […]
Think Twice Before Suing; You Might End Up Paying Six Figures In Fees & Costs After You’ve Calmed Down.
Plaintiff brought this action alleging that defendant misappropriated a trade secret, or was in the process of doing so, by seeking to hire away specialists in touchscreen technology, a field in which plaintiff and defendant compete. Defendant responded that it was entitled to solicit prospective employment candidates in plaintiff’s workforce and that there was no […]
Think Of The Children — The Coogan Law.
The Coogan Law was enacted in 1938 [now Family Code section 6750 et seq.] in response to the childhood star Jackie Coogan’s plight. Even though he earned millions as a child, Coogan was surprised to find out that when he reached adulthood that he was flat broke, because his mother and stepfather spent all his […]
Has The Law Caught Up With Science?
Probate Code section 6450 governs the relationship of parent and child, stating in part, “for the purpose of determining intestate succession,” the “relationship of parent and child exists between a person and the person’s natural parents, regardless of the marital status of the natural parents.” Under Probate Code section 6453, subsection (b), subdivision (2), a […]
- « Previous Page
- 1
- …
- 19
- 20
- 21
- 22
- 23
- …
- 164
- Next Page »