Under California law, sex offenders have long been required to report their address and a current photograph to law enforcement. Apparently to catch up to the 21st century, the Legislature passed a law requiring sex offenders to also report any and all internet identifiers within 24 hours of acquiring such [Californians Against Sexual Exploitation Act; […]
New Child Support Law In California Family Law.
In Jackson v. Jackson (1975) 51 Cal.App.3d 363, [124 Cal.Rptr. 101], the court held that in a marital action, when a couple switched custody, and the children went to live with the father, California law would allow credit to the father for the child support he rendered to the children while they were in his […]
“Any Fool Can Make A Rule, And Any Fool Will Mind It.” Henry David Thoreau.
The parties involved with a foreclosure sale stipulated to the appointment of a temporary judge. Had California Rules of Court [CRC], rule 2.400 (b)(2) been followed by the parties, the result here would likely have been different. That rule requires that a temporary judge or referee must not accept or consider any copy of a […]
Defendants’ Appeal Dismissed After Violation Of Trial Court’s Orders Relating To Transfers Of Money.
After a large judgment in favor of plaintiffs in a fraud action, defendants appealed. The trial court had enjoined defendants and their agents from selling, spending, transferring or dissipating any part of their assets. When plaintiffs learned defendants violated the orders, they filed a motion to dismiss defendants’ appeal under the doctrine of disentitlement, identifying […]
When The Agreement Is Silent On The Issue, Just As It Is With Classwide Claims, Representative Claims Are Inconsistent With Arbitration.
In a classwide wage and hour action, the court granted the defendant employer’s petition to compel arbitration, leaving it up to the arbitrator to decide whether the agreement contemplated classwide and/or representative claims arbitration, or whether only the named plaintiff’s individual claim would be resolved in the arbitration. The employer filed a petition for writ […]
“I Think I’ll Sue My Client For Fees.”
A lawyer sued his former client for unpaid fees and costs. After traveling through the trial court, up to the Court of Appeal, back to the trial court, into arbitration and then once again back to the trial court, the trial court, agreeing with the arbitrator, concluded the client had fully paid what he owed. […]
Appellate Court Found Insurer Not In Bad Faith.
A Cadillac involved in an accident, which resulted in severe injuries to a plaintiff, was insured under two different policies and under two different named insureds. When plaintiff’s lawyer made a demand, it was against a person who was not in the car and under the wrong policy, a policy which had been canceled six […]
Vexatious Litigant Order Reversed.
A state prison inmate was declared a vexatious litigant and when he failed to furnish security in his pending case, the trial court dismissed it. On appeal, the prisoner argued that five of the actions which the trial court considered in determining he was a vexatious litigant, were not “litigations . . .finally determined adversely” […]
Even In Brave New World Class Action, A Defendant Only Has To Pay One Time.
The company is called IntelliGender, and it manufactures a Prediction Test that indicates the gender of a fetus: green for a boy and orange for a girl. A class action alleged violations of California’s unfair competition and false advertising laws. As it appeared there would be a settlement, notice of the settlement was sent to […]
No Civil Immunity Under Dram Shop Statutes For Brewer.
Shortly after drinking two 23.5-ounce cans of Four Loko, a college student became disoriented, agitated and paranoid, repeatedly saying “they” were coming to get them. He located a shotgun and began shooting in the backyard. His housemates called police. When police arrived, the young man went out to the front porch with his gun and […]
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