Petitioners/plaintiffs brought an action against their former employers, privately held companies that provide advisory and management services to a mutual fund company. The allegations are that after plaintiffs raised concerns about overstated expenses associated with operating the mutual funds, they suffered adverse actions. “No [public] company. . . or any officer, employee, contractor, subcontractor, or […]
Trial Court’s Denial Of Petition To Compel Arbitration Reversed.
The trial judge denied defendant employer’s petition to compel arbitration in a wrongful termination case after finding the arbitration agreement was unconscionable. The arbitration agreement was presented to the plaintiff employee on a take-it-or-leave-it basis and his signature was a precondition to employment. But plaintiff contended he was already on the job working for over a week before […]
No Disqualification: I Told You About It; Now Forever Hold Your Peace.
It’s a family law case, and the commissioner presiding over the matter, who has post-judgment support matters still pending, has agreed to preside over the wedding of the wife’s lawyer. The husband petitioned the appellate court for a writ of mandate, seeking disqualification of the commissioner under Code of Civil Procedure section 170.1, which says a judge is disqualified if […]
Trademark Not Abandoned.
A bank acquired an insurance/financial services company and changed the name of the newly acquired company, but continued to display the former trademark in order to maintain the website and metatags and accept customer payments. A few years later, the bank did not renew registration of the trademark. Former employees of the company the bank acquired launched […]
Press Access To Juvenile Courts.
A blanket order in LASC’s juvenile court provides that all members of the press “shall be allowed access” to dependency hearings unless there is a reasonable likelihood that access will be harmful to the child’s best interests.” The order further provides that no one may be denied access to a courtroom until an objection has been […]
Trial Court Has Subject Matter Jurisdiction.
Plaintiffs are the heirs of a man who was electrocuted while trimming trees. Defendants are a tree inspection company and a utility. The trial court granted the defendants’ motion to dismiss “because this court lacks subject matter jurisdiction under Public Utilities Code section 1759.” The appellate court reversed, stating: “We hold only that the superior […]
Permit Condition Removed Because No Subdivision Of Land Involved.
A city’s municipal code states no grading permit shall be issued for a hillside site larger than 60,000 square feet unless a “tentative tract map” has been approved by a city planner. Here, a property owner sought a permit for construction of a three-residence family compound over hillside lots totaling 85,000 square feet. The trial […]
Sad State Of First Amendment Affairs.
In past years, a high school saw violence on Cinco de Mayo when “Mexican students had been walking around with the Mexican flag,” and other students “hung a makeshift American flag on one of the trees on campus.” In 2010, during a break, a group of Mexican students asked the assistant principal “why the Caucasian […]
Discovery Of Portions Of Other Patient’s Hospital Records Ordered.
The sons of a woman who died after hip replacement surgery brought an action against the hospital and doctors. The post-operative order for decedent provided for morphine and Dilaudid as pain medication, but the form order left blank spaces for the doses and intervals for their administration, and did not provide whether the pain medications […]
California Safe Drinking Water and Toxic Enforcement Act of 1986; The Sky Is Falling!
Plaintiff, who describes itself as a nonprofit organization “committed to promoting a safe and healthful diet and to protecting consumers from food and drink that are dangerous or unhealthful,” filed an action seeking injunctive and declaratory relief and civil penalties against seven chain restaurants alleging their grilled chicken created a chemical called PhIP, which appears […]
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