The trails developed by a developer adjacent to a housing community were badly damaged during rains and flooding in 2005. The home owners association brought an action against the developers for construction defects. The HOA also sued three former employees of the developers who were appointed by the developers to be members of the HOA […]
Appellate Courts Split On Which Statute Of Limitations Applies For Malicious Prosecution Against Attorneys.
When attorneys were sued for malicious prosecution 13 months after resolution of the underlying action, they brought a motion to strike, citing the one-year statute of limitations under Code of Civil Procedure section 340.6 and Vafi v. McCloskey (2011) 193 Cal.App. 4th 874, [122 Cal.Rptr.3d 608], which held that the one-year statute applied in a […]
Sexual Assault From The Halls Of Montezuma To A Class At Middle School
Two months before the United States Marine Corps assigned a Marine to speak at a middle school on Career Day, the Marine had been court-martialed for the sexual assault of three female members of the Corps. The result of the court-martial was that he was retained in the Corps and assigned to recruitment detail awaiting […]
Patient Authorization Not Required For Access To Prescription Database.
The Medical Board of California issued investigative subpoenas in connection with the investigation of a doctor for prescribing excessive controlled substances. The investigator sent letters to five patients requesting release of their medical records, and the patients objected, so the doctor would not produce the requested information. The Board accessed a computerized database of controlled […]
Employer Says He Was Not An Employee And Doesn’t Pay Him, And Insurance Company Gets Off Because The Trial Court Said He Was An Employee.
Appellant is one of two truck drivers paid a lump sum for a cross-country haul. While appellant was sleeping, the other driver was in a one-vehicle accident, and the truck company refused to pay the lump sum because he did not finish the trip. The company also informed him he was not eligible for worker’s […]
Parents May Limit Court’s Jurisdiction In Adult Child Support Order, But They Didn’t Limit It Here.
When a couple divorced in 2001, they reached an agreement to equally split the future college expenses for their three minor children. Eleven years later, their daughter began incurring significant expenses, but by then the [former] wife was disabled and had an income of less than $23,000/year; whereas, the [former] husband’s income was over $400,000. […]
Time For Appealing Issuance Of A Domestic Violence Restraining Order.
In the midst of a divorce, the court ordered a domestic violence restraining order against the husband and in favor of the wife. Both the husband and his lawyer were in the courtroom when it was ordered. Neither the wife nor the court clerk served a document entitled “Notice of Entry” of the restraining order or a […]
Seller’s Salesperson Has A Fiduciary Duty To Buyer In Real Estate Transaction.
A broker represented both the buyer and the seller in a real property transaction through two different salespersons. A building permit lists the total square footage of a residence as 11,050 square feet, but the real estate listing stated the home “offers approximately 15,000 square feet of living areas.” Buyers made an offer and asked […]
After Three Appeals To Collect Breach Of Contract Judgment, Sureties Pay.
Plaintiff obtained a judgment against defendants based upon breach of contract, and defendants appealed, obtaining a stay of execution by posting an undertaking. Later, they asked the appellate court to dismiss their appeal, but they failed to pay the judgment. Plaintiff made a motion in the trial court to enforce the undertaking, and the trial […]
County Failed To Prove Design Immunity.
A jury found plaintiff was injured as a result of a dangerous condition of public property, but also concluded the county was immune based on design immunity and returned a defense verdict. On appeal, the court noted that design immunity is an affirmative defense that must be plead and proved, and that, while “numerous witnesses […]
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