In the trial court in a matter concerning a homeowner’s request to build an addition, which had been denied in part by the Coastal Commission, the superior court issued a writ of mandate stating that the Coastal Commission’s findings with respect to a bluff edge were not supported by substantial evidence. Thereafter the trial court awarded […]
Workers’ Compensation Proceedings: There’s More Than One Way To . . .
Labor Code section 4605 gives employees the right to retain consulting or attending physicians at their own expense for workers’ compensation proceedings. Labor Code section 4616.3 requires the employer to notify the injured employee of the existence of medical provider networks [MPNs], as well as the employee’s right to change treating physicians within the network after the […]
Personal Service Effectuated By Serving UPS Store.
The trial court granted discovery motions and later a summary judgment in favor of defendants. Plaintiff’s appeal contends he was not properly served. This was the situation: A self-represented plaintiff had filed a notice of change of address that lists the address of a UPS store at which he rents a mailbox and states that “all […]
No Trail To Follow Filing A Late Claim.
In a wrongful death action, decedent was killed during an August 3, 2010, traffic accident caused by a drunk/drugged driver. About an hour and a half prior to the accident, a California Highway Patrol officer stopped the driver, but saw no indication of intoxication, although the driver was not licensed, the car was uninsured and had […]
Copyright And Intellectual Property.
The Copyright Act of 1976 provides that all civil actions must be brought within three years after the claim accrued. [17 U.S.C. § 507(b)]. The Ninth Circuit joined the Second and Sixth Circuits in deciding a statute of limitations issue in a copyright infringement suit. At the heart of the dispute is the ownership of three […]
Anti-SLAPP Comments On Newspaper’s Website.
A newspaper has a User Agreement which provides: “The bulletin boards, chat rooms, community calendars, and other interactive areas of the Service are provided to users as interesting and stimulating forums to express their opinions and share ideas and information. We expect people to differ—judgment and opinion are subjective—and encourage free speech and the exchange of […]
Plaintiff Lacks The Corporate Capacity To Sue.
At a time when its corporate powers were suspended for failure to pay taxes, a corporation assigned its rights and interests to an entity. The assignee filed an action, and the trial court ordered the complaint stricken and the action dismissed. The appellate court agreed with the trial court that plaintiff lacked the capacity to sue. […]
Accommodation Process.
Plaintiff’s former significant other has sole possession of his home and he wants possession back, so he filed an action. After being denied a continuance of the trial, the significant other requested the accommodation of a continuance of trial for health reasons, under the Americans With Disabilities Act [ADA; 42 U.S.C. § 12101]. California Rules of […]
Due Process Lacking In Gang Injunctions.
Since 1987, California prosecutors have brought public nuisance actions to curtail the activities of street gangs. Typically the injunctions enjoin gang members from engaging in a broad swath of activities, both legal and illegal, individually and with others, in certain areas. The district court decided that due process requires that the individuals be afforded an adequate […]
Employer’s Lawyer Had A Conflict Of Interest When Representing Employee At His Deposition.
Plaintiff wrote a statement shortly after an accident involving a co-worker, in which plaintiff said the other worker slipped and fell on a concrete floor soaked in oil and grease, but he did not say he witnessed the fall. About an hour later, someone in management asked him to write another witness statement. In the second, […]
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