The parents of a kindergartener filed a complaint, with the mother as guardian ad litem for the child, alleging the child was sexually molested by another kindergartener at school. The school district sought an order compelling the plaintiff kindergartener to submit to a mental examination, which would include personal interviews of the child and his parents by a psychiatrist.
Parents Did Not Include Teenaged Daughter In Insurance Policy On Car Exclusively Driven By Her.
While driving a GMC pickup truck owned by her father, a 17-year-old got into an accident. However, even though the daughter was the only one to drive the pickup, the father had excluded his daughter from insurance coverage in order to save money on premium payments. The daughter’s mother, who is the ex-wife of the father, had insurance on her own vehicles, but not the GMC.
Pre-Merger Arbitration Agreement Survived Merger.
In 2000, law firm #1 sent a letter to a lawyer offering him employment; the letter contained an arbitration provision. In 2006, law firm #2, which had subsumed law firm #1 in a merger, and the lawyer signed a termination agreement/resignation letter. Later, the lawyer sued law firm #2 for breach of the termination agreement. Law firm #2 petitioned for arbitration, and the lawyer contended the 2006 termination agreement, which did not contain an arbitration provision, constituted a novation of the offer letter.
“Justice Delyed Is Justice Denied,” William Gladstone. [Well …. Maybe Not.]
The original action, which included claims for violations of the Racketeer Influenced and Corrupt Organizations Act [RICO; 18 U.S.C. §§ 1961-68], was filed in 1993 against multiple defendants. The foreign defendants were dismissed from the action based upon forum non conviens, and, after two decades in a Singapore arbitration against those foreign defendants, plaintiff was awarded $9 million, which award was fully paid. Thereafter, plaintiff, the manufacturer and distributor of semiconductor products, proceeded in federal court against the defendants for relief under RICO’s treble damages provision.
Summary Judgment Reversed In Wrongful Termination Action.
More than a year after plaintiff’s employment was terminated, he brought an action against his employer for common law wrongful termination against public policy, contending he was treated unfairly and discriminated against because he suffered a work-related injury and was disabled. Defendant employer brought a motion for summary judgment, arguing plaintiff’s action is barred by the exclusivity doctrine under Workers’ Compensation statutes and the one-year statute of limitations under the Fair Employment and Housing Act
Previously we reported: County Granted Summary Judgment On Dangerous Condition Of Public Property Claim.
A husband and wife were injured in an auto accident and brought an action against another motorist as well as the county for dangerous condition of public property. The complaint alleged the other driver was unable to see the plaintiffs as they pulled out from one road onto another. The county moved for summary judgment based upon design immunity and the plaintiffs opposed, contending the county disregarded its own methodology regarding sight distance.
SCOTUS Says Federal Policy Favors Arbitration.
A California consumer brought a class action against a satellite television service for unjust enrichment, declaratory relief, false advertising and violation of the Consumer Legal Remedies Act. The consumer had signed an agreement waiving rights to bring class action claims, and the agreement further stated that if “the law of your state would find this agreement to dispense with class arbitration procedures unenforceable, then this entire Section 9 is unenforceable.”
No Age Discrimination By Athletic Club.
An athletic club offers a range of membership levels, providing various privileges at one or more locations. The Young Professional program—at issue in this litigation—offers a reduced-cost membership for individuals ages 18 to 29, in recognition of the reduced financial resources of the under-30 age group. Launched in 2003, the program is offered at all but two of defendant’s facilities, and restricts access hours at two of defendant’s other facilities.
Shame On The Legal Profession.
In a breach of contract/breach of fiduciary duty/elder abuse action, a lawyer representing himself threatened opposing counsel with pepper spray and a stun gun at a deposition. When defendants moved for terminating sanctions, the lawyer plaintiff included in his opposition that the trial judge was a “former D.A. currently masquerading as a Superior Court Judge” and was defense counsel’s “pet dog.”
Statutory Interpretation.
The general rule is that statutes, including those clarifying existing law, do not operate retrospectively. In Western Security Bank v. Superior Court (1997) 15 Cal.4th 232 [62 Cal.Rptr.2d 243, 933 P.2d 507], the California Supreme Court held that, despite that general rule, when the Legislature promptly reacts to the emergence of a novel question of statutory interpretation by the courts, “[a]n amendment which in effect construes and clarifies a prior statute must be accepted as the legislative declaration of the meaning of the original act, where the amendment was adopted soon after the controversy arose concerning the proper interpretation of the statute.”
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