The State of California seeks to build a tunnel to transport water from the north to the south. Before condemning the land needed for the project, it desires to study the environmental and geological suitability of hundreds of properties on which the tunnel may be constructed. The question in this case is whether or not […]
Water Projects Halted; Southern And Central California Losing The Water Wars.
The Central Valley Project and the State Water Project “are perhaps the two largest and most important water projects in the United States. These combined water projects supply water originating in northern California to more than 20,000,000 agricultural and domestic consumers in central and southern California.” The source of the water is the lone habitat […]
Ninth Circuit Barred Removal Of Class Action Claim Against Employer.
Plaintiff brought a class action against his employer asking for civil penalties for failure to pay for overtime and provide for meal breaks and rest periods under California’s Private Attorneys General Act of 2004 [Labor Code §§ 2698-2699.5; PAGA]. His employer removed the action to the federal district court. The Ninth Circuit was faced with […]
Information Sought In Discovery Involves Litigation Strategy.
The setting is a discovery dispute in a construction defect action. The trial court overruled the homeowner’s association’s claim of attorney-client privilege regarding efforts to depose individual homeowners regarding disclosures made at informational meetings about the litigation. The appellate court granted the association’s petition for writ of mandate, stating: “To the extent this record reveals […]
Death Row Inmate Wants D.A.’S Records.
A prisoner sentenced to death row seeks various records from the district attorney under the California Public Records Act [CPRA; Government Code section 6250] to assist in investigating whether the district attorney impermissibly sought the death penalty based on the race of the defendant, the victim, or both. In ordering the records produced, the appellate […]
Nonsignatory Beneficiary Of A Trust Cannot Be Compelled To Arbitration.
Plaintiff, a nonsignatory beneficiary of a trust which was amended to her detriment shortly before her mother’s death, brought an action for financial elder abuse. The issue is whether an arbitration clause in a trust document can bind a nonsignatory beneficiary. The trial court denied a petition to compel arbitration. Noting that plaintiff beneficiary “has […]
I ♥ Boobies Bracelets Not Lewd.
Middle school kids wore bracelets to school that said, “I ♥ boobies (KEEP A BREAST)” as part of a nationally recognized breast cancer awareness campaign. The school district banned the bracelets, relying on Bethel School District No. 403 v. Fraser (1986) 478 U.S. 675, [106 S.Ct. 3159, 92 L.Ed.2d 549],which held that a school district […]
Although Outdated, Information Provided By Seller’s Broker Was Not Inaccurate.
The seller’s broker posted the following about a commercial parcel: “This parcel is in an earthquake study zone but has had a Fault Hazard Investigation completed and has been declared buildable by the investigating licensed geologist. Report available for serious buyers.” The report, however, was prepared in 1982, and it was posted in 2006 when […]
Jury Properly Instructed Prison Dentist ’s Care May Be Considered In The Context Of Available Resources.
As soon as plaintiff arrived in prison, he sought dental care, complaining he had cavities and his gums were bleeding. He saw a dentist twice during the year, but was dissatisfied with the care he received and filed an action under 42 U.S.C. § 1983 for money damages against the prison dentist and others, claiming […]
No Equitable Tolling For Parents That Abduct Children.
When a parent abducts a child and flees to another country, the Hague Convention requires that country to return the child immediately if the parent requests return of the child within one year. In this case, the mother and child disappeared from the United Kingdom in 2008, and the father did not locate them in […]
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