Police officers stopped a car for a broken tail light after being informed the driver was a methamphetamine-selling gang member. They shouted for the driver to get on the ground as he was emerging from the vehicle. According to four of the officers, he ignored their commands and instead reached for the waistband of his […]
Defendant’s Sexual Orientation Not Relevant; Conviction Reversed.
The woman defendant in a criminal trial was charged with molesting a six-year-old girl she babysat. She was convicted and sentenced to 16 years in prison. During closing arguments, the prosecutor repeatedly urged the jury to consider the defendant’s sexual orientation in deciding the truth of the charges against her. In reversing her conviction, the […]
“Third World Dentistry” Remark Not Sufficient For National Origin Discrimination.
Plaintiff is an Egyptian dentist who was enrolled in a two-year dental program at the University of the Pacific. Three months before graduation, the dentist was unsuccessful in inserting a crown. The head of the restorative dentistry program remarked, within hearing of faculty, students and patients, that the dentist’s clinical work was “Third World Dentistry.” […]
Limited Civil Case For Debt Collection Reversed Based Upon Documentary Evidence.
A purchaser of a delinquent debt, the plaintiff, filed an action against the debtor, defendant. In limited civil cases, under Code of Civil Procedure section 98, documentary evidence may be introduced at trial under certain circumstances, including that the affiant is located within 150 miles of the place of trial, and, thus, available for service […]
Wrongful Termination Cause Of Action Adequately Pled, But Not IIED.
In a wrongful termination action, the trial court sustained the demurrer without leave to amend. With regard to the wrongful termination cause of action, itself, the appellate court found plaintiff adequately pled allegations he was fired in violation of public policy for complaining to management about fraudulent warranty repair claims on automobiles being submitted to […]
Arbitrator’s Disclosure Obligations And Motion To Vacate.
In Dornbirer v. Kaiser Foundation (2008) 166 Cal.App.4th 831, [83 Cal.Rptr.3d 116], the arbitrator in a dispute between a patient and her medical provider (Kaiser) disclosed his prior participation in several matters involving Kaiser and its legal counsel. The disclosure statement omitted multiple pieces of information required under Code of Civil Procedure section 1281.9, including […]
Service Of Process On Foreign Corporation.
After a plane crashed in Cuba, killing everyone on board, the family of one of the decedents sued the French corporation which designed and manufactured the airplane in federal court in California. Plaintiffs served the summons and complaint at the corporate headquarters in France, and the corporation moved to dismiss for lack of personal jurisdiction. After the trial court […]
Court Erred In Denying Fee Award Because Memorandum Of Costs Not Also Filed.
A settlement agreement resolving a wrongful termination action required the former employees to return certain of the employer’s property and that the employees not disclose certain information. When some documents were not returned and some disclosures were made, the former employer proceeded to arbitration under the terms of the settlement agreement, and the arbitrator awarded […]
Religion Is Like A Pair Of Shoes…Find One That Fits For You, But Don’t Make Me Wear Your Shoes. — George Carlin.
In California, a person with developmental disabilities has the same legal rights and responsibilities guaranteed all other individuals by the United States Constitution, including “a right to religious freedom and practice.” (Welfare and Institutions Code section 4502 [Lanterman Act]). Plaintiffs are the owners six-bed residential community care facility. The defendant is a regional center established […]
Jury Award Of Economic Damages Reversed.
In a whistleblower retaliation lawsuit brought by a deputy sheriff under Labor Code section 1102.5 (b), the jury returned a special verdict in the deputy’s favor, awarding $4,506,015 in damages, $2,006,015 in lost earnings ($806,041 in backpay and $1,199,974 in future lost income), and $2,500,000 in non-economic damages. On appeal, the County contended there were […]
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