A debtor entered into a series of agreements in which he sought to delay enforcement of judgments. The creditor agreed not to enforce the judgments prior to a certain date in exchange for certain promises as well as the payment of a surcharge of $500 per day for each day the judgments were not paid […]
Mother’s Chutzpah: Dead On Arrival.
In 1985, the father of two children was ordered to pay child support, which he did until the mother of the children, his former wife, disappeared with the children, moved out of state and changed the children’s names. The father did not see the children again for 15 years, almost their entire minority. In 1998, […]
Possessing Child Pornography Could Be Expensive.
As a component of 1994’s Violence Against Women Act [18 U.S.C. § 2259], Congress requires district courts to award restitution for certain federal criminal offenses, including child pornography possession. A man pleaded guilty to possessing between 150 and 300 images of child pornography, which included two that depicted the sexual exploitation of a young girl […]
Permits For Tow Truck Companies.
The question on appeal was whether tow truck companies and drivers must obtain a permit in each jurisdiction in which they tow cars. The appellate court concluded a city was only authorized to regulate those tow truck companies and drivers who maintain their principal place of business or employment in that city. (California Tow Truck […]
Right To Retreat Back To Nonmanagerial Position After Being Fired From Managerial Position.
After working for a state university for more than 20 years in a nonmanagerial position, plaintiff was hired as a manager. Things did not work out, and she was fired. She brought an action against the university. Prior to trial, the trial court granted defendant’s summary adjudication of issues on plaintiff’s contention she had a […]
Some Call It Democracy, Others Consider It Oppression.
In response to the United States Supreme Court’s 2003 decisions regarding Michigan university’s admissions policies, (Gratz v. Bollinger (2003) 539 U.S. 244, [123 S.Ct. 2411; 156 L.Ed.2d 257] and Grutter v. Bollinger (2003) 539 U.S. 982, [124 S.Ct. 35; 156 L.Ed.2d 694]), Michigan voters passed an initiative in 2006 adopting an amendment to its constitution […]
Totality Of The Circumstances: What Happens After Someone Drops A Dime?
CHP officers observed nothing unusual, but pulled the pickup over anyway. They smelled marijuana and searched the truck, finding 30 pounds of weed. They arrested the two men inside. The men moved to suppress the evidence, arguing the traffic stop violated the Fourth Amendment because the officer lacked reasonable suspicion of criminal activity. This case reached […]
Non-Disclosure Agreement: Whoever Keeps His Mouth And His Tongue Keeps Himself Out Of Trouble. Proverbs 21:23.
An inventor of a memory chip design brought an action against defendants alleging misappropriation of trade secrets, unfair competition, breach of contract and related causes of action, but the amended and operative pleading was only for breach of contract. A jury found the defendant breached the non-disclosure agreement signed at the outset of negotiations and […]
Government Ordered To Pay Attorney Fees In Social Security Case.
The administrative law judge disregarded competent lay witness evidence on plaintiff’s social security claim. The Ninth Circuit held that under the Equal Access to Justice Act [EAJA; 28 U.S.C. § 1291], the district court abused its discretion when it denied plaintiff his attorney fees, stating: “To avoid an award of EAJA fees. . ., the […]
Claim Of Equitable Tolling Of Statute Of Limitations While Plaintiff Pursued Her Work Comp Case.
Plaintiff fell from an outdoor balcony at the offices of her employer. Immediately she began receiving workers’ compensation benefits and later filed a claim with the Workers’ Compensation Appeals Board seeking additional benefits. More than two years after the fall, she filed a superior court action for premises liability against the building owners. She alleged […]
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