Plaintiffs filed civil actions under state law contending defendants helped perpetrate a fraud, a Ponzi scheme, by falsely representing that uncovered securities were backed by covered securities. The federal district court dismissed an action pursuant to the Securities Litigation Uniform Standards Act of 1998 [Litigation Act; 15 U.S.C. § 87bb(f)(1)] because the Act forbids bringing securities class […]
Anti-Slapp Motion Apparently Viewed As A Tactic To Delay Plaintiff’s Case.
Plaintiff is a tenant in a building and alleges significant maintenance and repair issues, including airborne contaminants. According to the complaint, defendants had plaintiff evicted to perform significant repairs, but did no repairs, and would not permit plaintiff to take possession again. So, plaintiff brought an action for breach of warranty of habitability and several […]
Because Court Rejected Proposed Special Verdict Form Judgment In Jury Trial Reversed.
Defendant in an automobile accident case submitted a special verdict form that would have required the jury to consider the fault of both parties, as well as a non-party, for purposes of allocating liability for plaintiff’s noneconomic damages. According to plaintiff, she was a passenger in the back seat of a car stopped at a […]
Express Oral Findings Sufficient For FEHA Attorney Fees Award.
Plaintiff was employed by a university and terminated due to his harassment of a female employee after being given several warnings. In his action under the California Fair Employment and Housing Act (Government Code section 12900; FEHA), he contended his termination for harassment was a pretext for racial discrimination. Other than testifying he believed he […]
Duty Of Care To Four-Year-Old Guest Using Pool.
A four-year-old drowned in the pool of a home friends of his family rented. His parents brought an action against the homeowners and the property management company. The trial court granted defendants’ motion for summary judgment on the ground defendants owed no duty of care to a guest of the tenants. With regard to the […]
No Civil Enforcement Of Workplace Safety By Prosecutors Under Consumer Protection Statute.
Defendant manufactures plastic products. In 2009, a water heater exploded, killing two workers instantly. After the incident, California’s Division of Occupational Safety and Health (Cal/OSHA) opened an investigation and determined the explosion had been caused by a failed safety valve and the lack of “any other suitable safety feature on the heater” due to “manipulation […]
No Civil Immunity For Serving Alcohol.
At common law, the rule was that the consumption of alcohol, not the service of alcohol, was the proximate cause of any resulting injury. In 1976, the California Supreme court in Vesely v. Sager (1971) 5 Cal.3d 153, [486 P.2d 151, 95 Cal.Rptr. 623] (Superseded by statute), held that sellers or furnishers of alcoholic beverages could […]
Another Pathetic Situation For A Mentally Ill Person.
A social worker contacted the police about a “gravely disabled” mentally ill woman he wanted transported to a mental health facility. The woman reacted violently when police entered her home. She grabbed a knife, threatened to kill the officers and told them she did not want to go to a mental health facility. Officers shot her […]
Class Action Against Credit Repair Organization.
Plaintiff brought a class action against defendant under 15 U.S.C. § 1679 (the Credit Repair Organizations Act; CROA). The federal trial court entered summary judgment in favor of defendant, reasoning defendant did not make any promises of credit improvement but instead promised to provide consumers’ credit score. The Ninth Circuit reversed, finding defendant is a credit […]
Class Action Not Certified.
A home warranty provider, the defendant in this action, records all incoming and outgoing telephone calls. A customer placing an inbound call is told: “To ensure the highest quality service your call may be monitored or recorded.” Plaintiff filed a class action against the defendant alleging it violates Penal Code section 632 which prohibits the intentional […]
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