As the result of drinking too much water in an ill-conceived radio contest, a woman died. Plaintiff had helped conduct the contest as part of his duties as an employee of defendant, the company that owned the radio station. Although defendant told plaintiff it would provide legal counsel for him, plaintiff chose to hire his own […]
Attorney Fees And Costs Properly Awarded To Interpleader.
Wife is found dead in the street outside the home she shared with husband. Her death is investigated as a homicide. Husband, who is the sole beneficiary on wife’s life insurance policy, is a suspect. Life insurance company files an interpleader action and deposits the policy benefits plus interest with the trial court. Wife’s mother, who […]
State Trial Court Erred In Ordering Plaintiff To Remove An Action To Federal Court.
In a copyright infringement action, which also contained various state law claims, the trial court dismissed plaintiff’s complaint after plaintiff did not comply with the trial court’s order to remove the matter to federal court. In reversing the dismissal, the appellate court stated: “The court’s order of dismissal was based on two erroneous assumptions. The first […]
Landlord May Hold Open Houses.
Tenant lives in a condominium subject to the Santa Monica rent control regulatory scheme. The landlord listed the property for sale, but the tenant would not permit open houses on weekends, and would permit the property to be shown only pursuant to appointments. Frustrated, the landlord filed an action for declaratory relief. The trial court’s order […]
Law Prohibiting Sexual Orientation Change Efforts Does Not Infringe On First Amendment Or Other Fundamental Rights.
The California Legislature passed a law banning state-licensed mental health providers from engaging in sexual orientation change efforts. In two cases, plaintiffs [National Association for Research and Therapy of Homosexuality and American Association of Christian Counselors, among others] sought to enjoin enforcement of the law, arguing it violates the First Amendment and infringes on several other […]
$19 Million In Punitive Damages Reduced To $350,000.
Plaintiff served in the U.S. Marines and is entitled to medical care at Veterans Administration hospitals at no cost. He was involved in an accident in 1997 and was paralyzed from the waist down and relies on a wheelchair. In 2008, he was involved in a wheelchair accident and suffered a broken leg, but had numerous […]
Judicial Reference Provision In Dispute Resolution Agreement Upheld.
In a commercial real estate transaction, the parties each signed a personal continuing guarantee in favor of the lender, and the guaranty agreements contained a provision authorizing dispute resolution through judicial reference. The trial court granted plaintiff’s motion for appointment of a referee, and defendant’s sought extraordinary relief through a writ petition. They argued the reference […]
Exhaust Your Administrative Remedies. Or Else, Where There’s Smoking, There’s Firing.
Plaintiff worked for the State of California and the California Assembly. He complained to his supervisor that another supervisor was smoking inside the working premises. Two weeks later, plaintiff was fired. Plaintiff brought an action for retaliatory discharge, and defendants demurred, arguing the court lacked jurisdiction because plaintiff failed to exhaust his administrative remedies pursuant to […]
Unanticipated Consequences To Lawyers Having Arbitration Clause In Retainer Agreements.
Plaintiffs filed suit against their own lawyers based upon the inadequacy of a settlement in an underlying action. The lawyers successfully moved to compel the action to arbitration based upon an arbitration clause in the attorney retainer agreement. Plaintiffs filed a motion in the trial court seeking an order compelling the lawyers to advance the entire […]
No Showing Reservation Of Rights By Insurers Creates A Conflict Of Interest.
A city brought an action against a dry cleaner under the Comprehensive Environmental Response, Compensation and Liability Act [CERCLA; 42 U.S.C. § 9601] for causing soil and groundwater contamination. The dry cleaner asserted a third party claim against the supplier of dry cleaning products, and the supplier tendered its defense to certain insurance companies. The insurers […]
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