A consumer served a dietary supplement manufacturer with a one page notice and demand, pursuant to Civil Code section 1782 [ Consumer Legal Remedies Act; CLRA ] via certified mail contending that its product “Amberen,” was being marketed falsely and misleadingly as a “natural remedy for Menopausal symptom relief,” in violation of the CLRA. The […]
Pharmacist Loses His License.
Plaintiff is a pharmacist who appeals from a judgment denying his petition for writ of mandate in the trial court. His petition sought to overturn a decision by the California State Board of Pharmacy revoking his license to operate a pharmacy. An Accusation was filed by the Board which contended the pharmacy unlawfully received nearly […]
No Clarification Needed For A Jury To Understand A Word That Is Readily Understood And Not Used In A Technical Sense.
A police officer on a motorcycle was killed when a man was exiting his employer’s driveway onto a highway at the end of the work day. The officer’s family brought a wrongful death suit against the employer, contending the employee was within the course and scope of his employment at the time of the collision. […]
“A Successful Lawsuit Is One Worn By A Policeman,” Robert Frost.
In March 2004, a real estate broker signed an exclusive listing agreement with the seller of acreage. In September 2004, a potential buyer extended an offer directly to the seller. Meanwhile, as the seller negotiated with the potential buyer, plaintiff continued to market the property. The sale of the property closed in July 2005 with […]
New Trial Ordered In Breach Of Fiduciary Duty Action; Limited To Remedies Only.
Preferred shareholders in a now-dissolved software company brought action against the company’s chief financial and chief executive officers, contending they colluded to secure a preferential sale of the company’s assets to another company, thus violating their fiduciary duties. The court, after a bench trial, concluded the two had committed a breach of fiduciary duty, but […]
Massage Therapist Not Entitled To A Defense For Sexual Assault.
A massage therapist was sued by a client who contended he committed a sexual assault against her during a massage. The therapist contended an insurance company owed him a duty to defend the action because he was either a partner or an employee of the insured and the alleged assault occurred in the scope of […]
Same Pornographic Story; Different Twist.
A man brought his computer in for servicing, and the repairman viewed what appeared to him “to be underage girls engaged in sexual activity.” He called the police. The responding officer indicated the images the repairman saw did not appear to be pornographic, but asked the repairman to search the rest of the computer. The […]
Mechanic’s Liens – An Attorney’s Perspective
Whether you are a property owner or a contractor trying to get paid for a project, you want to pay particular attention to the statutory framework governing mechanic’s lien law in California. If contractors do not comply, enforcing a mechanics lien can be difficult and this has important ramifications for both the property owner and […]
Offer To Compromise: “. . .Pretty Soon, You’re Talking Real Money,” Sen. Everett Dirksen.
In an insurance bad faith case with alleged damages in excess of $500,000, the insurance company made an offer to settle for $30,000 pursuant to Code of Civil Procedure section 998. The offer to compromise was not accepted. Later, judgment was entered in favor of the insurance company, which then submitted its memorandum of costs, […]
Lack Of Capacity Of Limited Partnership & Corporation.
In a California Environmental Quality Act [CEQA] case, plaintiffs, a limited partnership and two corporations voluntarily dismissed the action on May 9, 2013. The trial court awarded the defendant $37,528.14 in costs for preparation of the administrative record. On the appeal of the court’s order to pay costs, there was a motion to dismiss the […]
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