Plaintiff was placed on parole in 2007 after pleading no contest in a methamphetamine case. One of his parole conditions was that he attend and complete a 90-day residential drug treatment program. He advised parole and correctional officers he is an atheist, and requested placement in a non-religious program, but he was sent to a religious-based […]
Head Of Firm Kept In Malicious Prosecution Case, As Well As Associate Attorney Who Said She Was “Just Following Instructions.”
The trial court declined to dismiss a malicious prosecution action against lawyers and their clients who brought a special motion to strike under the antiSLAPP statute [Code of Civil Procedure section 425.16]. The underlying dispute relates to a long-term lease for property used as a mobilehome park. The owners of the property expressed a desire to […]
For A Detective Reporting Abusive Interrogation Tactics, That Another Officer Engaged In, An En Banc Opinion Changes Everything.
Last year, we reported the following: “Whistleblowers Beware. . . Disclosures Made In The Course Of Official Duties Outside Protection Of First Amendment.” A detective reported that another officer engaged in abusive interrogation tactics. He was told to stop sniveling and was thereafter placed on administrative leave. He filed a civil rights action under 42 U.S.C. […]
Tactical Conduct Leading Up To The Use Of Deadly Force Have County Likely To Face Jury In Suicidal Man’s Death.
A neighbor heard screaming from a house and called police. When deputies arrived at the house, a man’s girlfriend said the man tried to kill himself. Deputies entered the house and found the man standing in the kitchen. They ordered him to show his hands and as he did, he walked toward the deputies holding a […]
In Attorney Disciplinary Action, Trial Court Lacked Subject Matter Jurisdiction, But Ordered Sanctions.
A member of the State Bar sought to vacate a stipulation she had entered with the State Bar regarding two attorney disciplinary actions against her. The State Bar filed a special motion to strike under Code of Civil Procedure section 425.16 [antiSLAPP statute], which the superior court granted, along with $2,575.04 in sanctions against the lawyer. […]
Refusing To Step Aside And Seizing A Letter Of Credit A Landlord, Whose Lease With A Bank Was Disaffirmed By FDIC In A Bank Takeover, Has To Return Asset And Is Now On Hook For Attorney Fees.
In an imminent bank takeover, the Federal Deposit Insurance Corporation [FDIC] sold the assets of a failed bank to a takeover bank. Among the assets was a $500,000 letter of credit which had been demanded by the failed bank’s landlord to cover any future rents. As part of the takeover, the FDIC disaffirmed the failed bank’s […]
Lawyers Representing Debt Collection Agencies Sued By District Attorney For Unfair Business Practices.
A district attorney filed a civil action against a debt collection company and its lawyers alleging violations of the Rosenthal Fair Debt Collection Practices Act [Civil Code section 1788] and the Federal Fair Debt Collection Practices Act [15 U.S.C. § 1692]. The People set forth one cause of action, violation of California’s Unfair Competition Law [Business […]
Blood Alcohol Result Of 0.08 Percent From Breathalyzer Test Guilty Or Not?
A woman was arrested for driving under the influence. An hour after she was pulled over, she took a breathalyzer test. The test result was 0.08 percent blood alcohol content. A few minutes later she took another test resulting in a 0.09 percent BAC. Twenty-five minutes later she took a blood test resulting in 0.095 percent […]
Post-Riverisland World: Estimates Can Support A Claim For Fraud.
After a tenant moved into a shopping center, its share of expenses for property taxes, insurance and common maintenance substantially exceeded the landlord’s pre-lease-signing estimates. The tenant sued for fraud, rescission based on mutual mistake, mistake of fact, breach of lease and breach of the implied covenant of good faith and fair dealing. The trial court […]
Prescriptive Easement Over Real Property.
In 1960, a prior owner of real property [Blackacre] poured a concrete driveway encroaching on the neighboring property [Whiteacre] approximately 8 inches by 90 feet. The present owner of Blackacre bought the home in 1994. In 2009, the trust which now owns Whiteacre constructed a metal guardrail over the prescriptive strip. An action to quiet title […]
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