In 2006, the San Francisco Sheriff’s Department implemented a new policy prohibiting male deputies from supervising female inmates in the housing units of the jail operated by the County. In 2007, 35 deputies filed suit alleging the policy constitutes sex discrimination in violation of Title VII of the Civil Rights Act of 1964. The federal […]
Mechanic’s Lien Eliminated After Deed In Lieu Of Foreclosure.
Property was subject to a first deed of trust and a mechanic’s lien. The property owner defaulted on the loan secured by the trust deed. Faced with foreclosure on that senior debt, the property owner gave the trust deed beneficiary title to the property by means of a grant deed in lieu of foreclosure. The […]
Insured May Proceed With Bad Faith Action Against His Own Insurer.
Plaintiff was injured by an uninsured motorist, and made a claim under his $250,000 uninsured motorist coverage. His insurer demanded arbitration. After an arbitrator awarded plaintiff $164,120.91, plaintiff filed a complaint against his insurance company for breach of the implied covenant of good faith and fair dealing by forcing him to arbitrate his claim without fairly […]
Buffer Zone Outside Abortion Clinics Violates First Amendment.
Petitioners are individuals who approach and talk to women outside abortion clinics, attempting to dissuade them from obtaining abortions. In an effort to address clashes between abortion opponents and advocates of abortion rights, Massachusetts passed a law which makes it a crime to knowingly stand on a “public way or sidewalk within 35 feet of […]
Apartment House Owner Entitled To Credit For Free Rent Given To Resident Manager As Against Manager’s Claim For Minimum Wage.
Plaintiff and defendant entered into a written agreement whereby plaintiff would work as a resident manager of an apartment complex and receive free rent, $100 per month toward utilities, one telephone line and an internet high speed connection. Plaintiff thereafter brought a claim before the Labor Commissioner against defendant for not paying her a minimum […]
After Plaintiff Sued For FEHA Violations, Employer Discovered Plaintiff Used Someone Else’s Social Security Number When Hired.
After suffering a back injury at work, plaintiff filed a workers’ compensation claim, plaintiff was laid off from his job as a seasonal worker in the swimming pool chemical field. A few months later, the employer called and asked him whether he was recovered and ready to come back to work. Plaintiff said he was […]
“Running Into Debt Isn’t So Bad. It’s Running Into Creditors That Hurts.” — Unknown.
Plaintiff said that over a two-year period, he paid off his Dell computer, which he had financed. Dell’s records showed otherwise and, along with 85,000 other Dell financial debts, sold plaintiff’s debt to a debt collection company. Plaintiff brought a class action pursuant to 15 U.S.C. § 1692 [Fair Debt Collection Practices Act], alleging the […]
Prior To Cell Phones, Our Founders Wrote: “The Right Of The People To Be Secure In Their Persons, Houses, Papers, And Effects, Against Unreasonable Searches And Seizures, Shall Not Be Violated.” Fourth Amendment.
A California man was stopped for driving with expired registration. His car was impounded and an inventory search revealed loaded firearms. Incident to arrest, the man was also searched, and police seized his cell phone from his pants pocket. Police accessed information in the “smart phone,” and found significant evidence of gang involvement. In the […]
Exercise Can Be Rewarding.
An off-duty correctional officer was injured while doing jumping jacks exercise at home, and filed a worker’s compensation claim. Labor Code section 3600(a)(9), forecloses work comp coverage for an injury that arises out of “voluntary participation in any off-duty recreational, social, or athletic activity not constituting part of the employee’s work-related duties, except where these […]
Plaintiff Allowed 128.7’s Safe Harbor Period To Come And Go Against Real Estate Agent, And The Court Ordered Her And Her Lawyer To Pay $60,000 In Defense Attorney Fees.
Plaintiff purchased a home from defendants. Two years later, plaintiff brought an action against defendants and their real estate agent to recover damages for their failure to disclose defective subfloors in the home. The real estate agent moved for terminating and monetary sanctions against plaintiff and her counsel pursuant to Code of Civil Procedure section […]
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