Counsel for the named plaintiff in a class action and the defendant reached a settlement and stipulated to the appointment of a temporary judge for the purpose of ruling on the motions for preliminary and final approval of the settlement. The superior court declined to appoint the temporary judge on the basis that counsel for […]
Death Knell Doctrine Applied.
The trial court dismissed plaintiff’s class claims with prejudice, and granted defendant’s motion to compel plaintiff to arbitrate his individual claims. Under the death knell doctrine, the appellate court reversed because “the trial court erred by deciding the issue whether the parties agreed to class arbitration, and that the court should have submitted the issue […]
Sabre Rattling Does Not A SLAPP Action Make.
After an attorney sent letters threatening litigation over a contract dispute, a plaintiff filed a declaratory relief action. The defendant, the one whose lawyer threatened litigation, filed an anti-SLAPP motion pursuant to California Code of Civil Procedure section 425.16, which the trial court denied. In affirming the denial of defendant’s anti-SLAPP motion, the appellate court […]
Summary Judgment Reversed…Evidence In Opposition More Than Mere Speculation Regarding Causation.
Plaintiff was diagnosed with mesothelioma in 2010. He filed an action alleging he was exposed to asbestos when he worked at a Goodyear plant from 1968 until 1979, and died while the action was pending. The personal injury action was converted to a survival and wrongful death action. Defendant is a manufacturer of insulation. Defendant […]
Okay To Require Exempt Employees To Dip Into Annual Leave Time When Absent For Portions Of A Day.
Employer has a practice of requiring exempt employees to use their annual leave hours when they are absent from work for portions of a day. A 2005 appellate decision [Conley v. Pacific Gas & Electric (2005) 131 Cal.App.4th 260, [31 Cal.Rptr.3d 719]] established that California law does not prohibit such a policy, but plaintiff contends […]
No Breach Of Confidentiality Because Plaintiff Does Not Allege Anyone Actually Read Stolen Medical Records.
A thief stole a health care provider’s computer containing medical records of about four million patients. The plaintiffs filed an action under the Confidentiality Act [Civil Code section 56.36], seeking to represent, in a class action, all of the patients whose records were stolen, with a potential award of about $4 billion against the health […]
Arbitration Agreement Not Unconscionable.
Plaintiff and defendant entered into an employment contract. One of the provisions stated: “All disputes among the parties arising out of or related to this Agreement which have not been settled by mediation shall be resolved by binding arbitration within the State of Washington. . . .” Another provision stated: “This agreement shall be governed by, construed […]
Injuries Caused By Bicyclist . . . A Criminal Case.
While riding his bicycle, a defendant in a criminal matter collided with a pedestrian, seriously injuring her. The district attorney charged him with recklessly driving a “vehicle” under Vehicle Code section 23103. One section of the code, however, defines “vehicle” in a way that excludes bicycles. (Veh.Code § 670.) Another section of the code subjects […]
Wrong Standard Of Review Applied In Disability Retirement Petition For Writ Of Mandate.
In his first application for industrial disability retirement, a police officer said he could not work because of back pain. After his first application was denied, he submitted a second one stating he experienced PTSD [post-traumatic stress disorder], specifically flashbacks and nightmares about his combat experience during the Gulf War, early in his career with […]
Legal Malpractice Statute Of Limitations.
Plaintiff hired a lawyer to represent her in litigation. After settlement, plaintiff sought a refund of unearned attorney fees she had advanced as the lawyer had written her a letter stating she had a credit balance of $46,321.85 and the invoice so reflected. When the refund was not forthcoming, she hired another lawyer to try […]
- « Previous Page
- 1
- …
- 47
- 48
- 49
- 50
- 51
- …
- 164
- Next Page »