Decedent committed suicide 25 days after writing his will leaving his estate to his various children, grandchildren and one other child of a previous wife. Decedent had possession of his original will, but no one could find it after his death. Several of the children filed petitions to probate a copy of the will, but decedent’s […]
Orgasm “Merely A Physiological Reaction To Physical Stimulation” Testimony Properly Received In Child Molest Case.
Defendant was convicted of molesting his step-daughter while his wife was out of the country. The victim said defendant has a bad temper and kept guns in the house, and she was afraid he would get angry if she refused. She said that although she experienced orgasms when he orally copulated her, she received no enjoyment. A prosecution […]
Summary Judgment In Favor Of Insurance Company Reversed.
A commercial property was vandalized while vacant. The owner brought an action against the property’s insurer. The policy stated: “Rent [¶] We will pay: [¶]a. your net loss of rental income; and [¶] b. rents accrued but rendered uncollectible by reason of a covered loss at a location described on the Declarations Page; and [¶] c. […]
Autism Treatment Covered.
A consumer group argued that non-licensed therapists who are certified by the Behavior Certification Board (BACB) who provide Applied Behavioral Analysis (ABA) to treat autism should be covered by the Department of Managed Health Care (DMHC) which has jurisdiction over health plans commonly known as health maintenance organizations. [In contrast, the Department of Insurance has jurisdiction […]
Doctrine Of Quasi-Judicial Immunity And The Litigation Privilege Preclude Man From Suing The Guardian Ad Litem Appointed By The Court During His Divorce Proceeding.
After a husband’s lawyer informed the judge on the day trial was to begin that his client had checked himself into a hospital in Massachusetts for severe depression, the court refused to grant a continuance without evidence of the man’s condition. The next day the lawyer presented a letter from the man’s physician, and the judge, […]
Anti-SLAPP Motion Properly Denied With Regard To Allegations Not Protected By Statute When Each Cause Of Action Contains Allegations Protected By Statute With Conduct That Is Not.
Plaintiff filed a sexual harassment action against defendant, a co-worker. The co-worker defendant filed a cross-complaint alleging defamation and intentional infliction of emotional distress. Plaintiff filed a special motion to strike pursuant to Code of Civil Procedure section 425.16, which the trial court granted in part and denied in part. In affirming, the appellate court stated: […]
What’s The Juvenile Court To Do With Truants. . . .Ferris Bueller’s Day Off?
A 15-year-old is a habitual truant; he missed 255 school periods without a valid reason. He was declared a ward of the juvenile court. The court directed him to reside in the home of his parents, attend school daily, comply with a 6:00 p.m. curfew and not stay away from home overnight without permission of probation […]
Ongoing And Gradual Earth Movement Does Not Result In Lot Line Displacements.
In 1956, road construction by Los Angeles County in a then unincorporated area of the Palos Verdes Hills known as Portugese Bend accidentally reactivated a sub-surface prehistoric slide area. That incident sent just under one square mile of hillside property on an ongoing, slow-motion, downhill journey that inexorably leads to a bluff overlooking the Pacific Ocean. […]
In Pregnancy Discrimination Case Different Result Second Time Around.
Last year, we published the following: Pregnancy Discrimination Verdict Upheld. Woman employee was fired three hours after returning from pregnancy leave. In her action alleging wrongful termination and violation of the California Fair Employment and Housing Act [FEHA, Government Code section 12940], a jury awarded her $10,000. After the verdict, the court granted her $50,858.44 […]
Medicare Reimbursements.
Under 42 U.S.C. 1395y(b)(2)(B) (ii) a primary plan or an entity that receives payment from a primary plan shall reimburse Medicare once the primary plan’s responsibility has been demonstrated by a judgment or settlement. A federal judge in Arizona enjoined the Secretary of Health and Human Services from seeking up-front reimbursement of Medicare secondary payments from […]
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