Plaintiff was driving along and police made a “high risk” stop. They held her at gunpoint, handcuffed her, forced her to her knees and detained her for 20 minutes. Turns out, the Automatic License Plate Reader [ALPR] made a mistake, and identified her car as a stolen vehicle. Eventually the police ran a check of […]
Destroy Or Remove Fixtures From Foreclosed Property And Go To Jail.
Under Penal Code section 502.5, a borrower under a loan secured by real estate may not intentionally harm the lender by removing statutorily specified improvements from the encumbered premises. Defendants, a husband and wife, were convicted of violating section 502.5 by taking fixtures from their foreclosed home. A jury found an enhancement of “great taking” […]
Arbitration Agreement Found Unconscionable [“Nothing in fine print is ever good news.” Andy Rooney].
Car wash employees brought a class action against car wash companies. On defendants’ petitions for arbitration, the trial court concluded the arbitration agreement was unconscionable and refused to enforce it. Agreeing the arbitration agreement “suffered from multiple defects demonstrating a systematic lack of mutuality that favored the car wash companies,” the appellate court affirmed. (Carmona […]
Court’s Limiting Trial To Ten Days Upheld.
In an action involving the certification and training of crane operators and allegations of antitrust violations, the trial judge limited the trial to ten days. On appeal, the losing party claimed it had been unable to call all of its witnesses or present rebuttal evidence and were, therefore, deprived of fair trial. Apparently lacking sympathy […]
And BTW, Can’t Assume You’re Covered Just Because You Have Insurance.
In 1989, plaintiff contracted spinal meningitis, resulting in the amputation of both hands at the wrists and both legs below the knees and was fitted for prostheses which were covered under her father’s insurance plan. Able to live independently with the prostheses, she was later covered under her employer’s medical insurance plan. In 2009, her […]
Zynga Game Network: Can’t Assume What You Do In Private Is Private.
Plaintiffs brought actions under the Wiretap Act [18 U.S.C § 2511(3)(a)] and the Stored Communications Act [18 U.S.C §2702(a)(2)], alleging that Facebook, a social networking company, and Zynga Game Network, a social gaming company, disclosed confidential user information to third parties. The district court dismissed their claims with prejudice, and the Ninth Circuit affirmed, finding […]
You Can Trust Me With Our Nondisclosure Agreement; Tell Me About Your Invention.
During negotiations, which were the subject of a nondisclosure agreement, an inventor described the invention of “digital stamping technology” [DST]. After negotiations failed, the inventor discovered the other party to the negotiations had filed for patents encompassing its DST. After a court trial, the court awarded the inventor damages, prejudgment interest and attorney fees. On […]
Family Law Lawyers Sued For Legal Malpractice & Won.
The husband in a dissolution action brought what the appellate court termed a “settle and sue” legal malpractice case against his former lawyers for recommending he pay his ex-wife permanent spousal support of $7,000 per month. He alleged the settlement was excessive because the lawyers improperly calculated his permanent support obligation based upon DissoMaster guidelines instead […]
Huge Award For Restitution And Penalties In Loan Modification Scheme.
The Attorney General brought an action seeking injunctive relief and restitution under California’s consumer protection statutes. The defendants operated a scheme by which they promised customers they would obtain loan modifications from lenders and prevent foreclosure of the customers’ homes. Although they represented to customers they never had a case in which a loan modification […]
Design Professionals’ Duty Of Care Extends To Future Residential Purchasers.
A homeowners association brought an action for construction defects which made the homes unsafe and uninhabitable. Two of the defendants are architectural firms which allegedly designed the homes in a negligent manner but did not make the final decisions regarding how the homes would be built. When the case reached the California Supreme Court on […]
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