After a passenger in the insured’s car obtained a $333,300 judgment against the insured, the insurance company filed an action seeking a declaration it had no obligation due to the policy’s “resident exclusion,” which stated there was no coverage for bodily injury to anyone inhabiting the same dwelling as the insured. The trial court granted […]
The Foreclosure Run-Around.
The first paragraph of the appellate opinion best describes why the appellate court reversed the grant of defendant bank’s demurrer and remanded the matter to the trial court for further proceedings: “This appeal represents another example of what is becoming a well-established and predictable pattern. A homeowner in distress because of the meltdown of the […]
This Contract Was Definitely Breached…So Was The Sewer Pipe.
Plaintiffs entered into contracts to have their telephone, internet and satellite television services installed. The installation did not go as planned, as a technician drilled through a sewer pipe. Plaintiffs brought an action for breach of contract, negligence and other torts. A jury awarded $109,000 in damages and the court entered judgment. On appeal, the […]
“No Person In The United States Shall, On The Basis Of Sex, Be Excluded From Participation In, Be Denied The Benefits Of, Or Be Subjected To Discrimination Under Any Educational Program Or Activity Receiving Federal Financial Assistance.” Title IX. [Signed into law by Pres. Nixon on June 23, 1973.]
A class action was filed against a high school alleging unlawful sex discrimination by providing female students with unequal opportunities in athletic programs, inequitable practice and competitive athletic, locker and storage facilities in violation of Title IX of the Education Amendments of 1972 [20 U.S.C. § 1681]. In opposing plaintiff’s opposition to partial summary judgment, […]
Unacceptable Behavior By Lawyer In Court.
In a trial for injuries resulting from a car accident, the trial court ordered the defense lawyer to refrain from asking a certain question until a foundation was made demonstrating the witness had the expertise to testify on that issue, and that the court would make the foundation determination outside the presence of the jury. […]
“Violence Is One Of The Most Fun Things To Watch.” Quentin Tarantino.
A student at the University of California San Diego hit another student with his fist, causing the other student to fall to the ground, a loss of consciousness and a concussion. A student conduct review board did not recommend suspension, but the Council of Deans imposed a suspension for two quarters. The aggressive student filed […]
Dismissal Reversed In Case Where Website Owners Did Not Warn User Of Rapists.
Plaintiff is an aspiring model who posted information about herself on a networking website for models. In her action against the website owners, she alleges that two rapists used the website to lure her to a fake audition, where they drugged her, raped her, and recorded her for a pornographic video. She also alleges that […]
“Guilt Has Very Quick Ears To An Accusation.” Henry Fielding.
After a man was bound over for trial and in police custody, detectives became aware that additional demand-note robberies, perpetrated with the same distinctive modus operandi as those for which the man was being held, had occurred in the same part of Los Angeles. The detectives never disclosed the true state of affairs, and, instead […]
Primary vs. Excess Coverage Dispute.
Both plaintiff and defendant are insurance companies. A trucker, who owned his own truck entered into an agreement with a transportation company to deliver loads in two states. The agreement provided the trucker was an independent contractor, and the trucker agreed to maintain liability insurance and to name the transportation company as an additional insured. […]
Competitive Bids Not Required For School District.
The question before the court was: Does Education Code section 17406 exempt school districts from obtaining competitive bids when entering into what are known as “lease-leaseback” agreements to improve school property? The appellate court concluded the answer is “yes” because the language of the statute is “plain, unambiguous and explicit, and does not impose bid […]
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