Plaintiff worked for the Department of Social Services. She reported certain “improper governmental activity” within the Department. Thereafter, she alleges in an action against the Department, pursuant to the Whistleblower Protection Act [WPA; Government Code section 8547], she was subjected to retaliation and discrimination. The trial court dismissed her action for failure to file a governmental […]
State Bar Court Recommends Disbarment.
Disbarment was recommended for a lawyer admitted to practice law in California, but not in any other state, by the California State Bar Court, for the unauthorized practice of law in nine other states. He performed contract work for consumer debt companies which advertised through television and radio ads in a number of states. Clients were required […]
Statement Of Decision When Ruling Was By Piecemeal.
After a jury returned a complicated special verdict, the court heard argument on the equitable causes of action. After announcing the decision, the trial court stated that it did not intend its ruling to be final until it had made a decision on the issue of interest. A few months later, the court made a decision […]
Rent-Control Intricacies And Complications.
A mobile home park owner attempted to raise rents in a rent-control area, and the City’s Mobilehome Park Rental Review Board approved increases, but not in the amount sought. The mobile home park owner filed suit in federal court asserting facial and as-applied takings and due process claims. The federal trial court concluded the facial takings […]
Foiled Again By The Federal Arbitration Act!
Labor Code sections 98 through 98.8, provide an administrative statutory scheme for an employee to seek relief from the Labor Commissioner for a wage dispute. This method of dispute resolution is called a Berman hearing. In Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659, [247 P.3d 130; 121 Cal.Rptr.3d 58] (Sonic I), the California Supreme Court […]
Arbitration In Collective Bargaining Agreement Does Not Apply To Plaintiff’s Statutory Discrimination Claims.
Plaintiff, a member of a union, worked for defendant as a nurse assistant from when she was 45 years old until she was 66 years old when she developed a medical condition. Her doctor wrote a note stating she needed to stay off work for a few weeks. Plaintiff was terminated from her employment. She brought […]
No Showing Thief Ever Read Private Medical Information.
The chief security officer at UCLA’s school of medicine advised certain patients that an encrypted external hard drive containing some of their personally identifiable medical information, as well as the computer password, had been stolen in a home invasion robbery. A class action seeking damages pursuant to the Confidentiality of Medical Information Act [Civil Code section […]
MORTGAGE DEBT RELIEF ACT – SET TO EXPIRE DECEMBER 31, 2013 !
There are 30 days to go until January 1, 2014 when forgiven debt from the disposition of a principal residence – exempted from income tax since the Mortgage Debt Relief Act of 2007 went into effect, will again become taxable. This is not the first time this law has had to be revised for an extended […]
California Highway Patrol Not A Special Employer Of Freeway Tow Truck Driver.
A tow truck driver who contracted with a county, part of the California Highway Patrol Freeway Service Patrol [FSP program], collided with a car, injuring the driver and her infant son. The CHP moved for summary judgment in the subsequent lawsuit on the ground it was not the tow truck driver’s special employer and therefore not […]
Uniform Trade Secrets Act Did Not Displace Other Causes Of Action.
A former employee worked for plaintiff, a nationwide linen supply company for many years. He promised he would not, during his employment, “become interested, directly or indirectly, as a partner, officer, director, stockholder, advisor, employee, independent contractor or in any other form or capacity, in any other business similar to Company’s business.” While he was still […]
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