A developmentally disabled woman suffers from numerous health problems, including an abnormally long and heavy menses and debilitating migraine headaches that usually coincide with the onset of her menses. After numerous other treatments for her severe menstrual bleeding and migraines failed, her doctors recommended a hysterectomy and oophorectomy. The trial court found Probate Code section 2357 […]
The Doctrine Of Respondeat Superior: Is This The End Of Company Christmas Parties???
An employee consumed alcoholic beverages at an employer hosted party and became intoxicated. The employee arrived home safely, but then left to drive a coworker home. During that drive, the employee struck another car, killing its driver. The trial court granted summary judgment for the employer on the ground the employer’s potential liability under the doctrine […]
“He’s A Sociopathic Narcissist”… Opinion Or Fact?
Building owners brought a libel action against a former tenant who posted a review of the apartment building on a Website: “Sadly, the Building is (newly) owned and occupied by a sociopathic narcissist—who celebrates making the lives of tenants hell. Of the 16 mostly-long-term tenants who lived in the Building when the new owners moved in, […]
No Qualified Immunity For Deputies Who Shot Terminally Ill Man.
In the early morning, a wife observed her terminally ill husband, who was suffering from brain cancer, go to his truck, retrieve his gun and load it with ammunition. She called 911, but he told her to hang up and she did. Police nevertheless responded, and the wife explained the situation. The husband came into view […]
Arbitration For One Part Of An Action, But Not The Other.
In a class action against both DirecTV and Best Buy, plaintiffs allege a scheme to deceive, involving the apparent sale of equipment that was actually only leased to customers. The district court ordered the matter into arbitration. The Ninth Circuit found that DirecTV’s arbitration agreement is enforceable under the holding in AT&T Mobility v. Concepcion (2011) 131 […]
Another Dangerous Condition Of Highway Claim Rejected By Court.
Plaintiffs were injured in car crash and brought an action for dangerous condition of highway against a county. The trial court granted summary judgment in favor of the county and the appellate court affirmed, stating: “The evidence established that the accident was caused by [another driver’s] intentional act of crossing the double yellow line into oncoming […]
Right To Repair Act Does Not Eliminate Homeowner’s Common Law Rights.
A homeowner purchased a newly constructed home from defendant. A pipe burst, resulting in significant damage. The homeowner’s insurer, plaintiff, paid the expenses and repair costs and then brought an action in subrogation for recovery. The trial court found the subrogation action was time barred under the Right to Repair Act [Civil Code section 895], and […]
Police Dog Had A History Of Sniffing Mistakes.
While a victim sat in his car waiting for a traffic light to change, a young Hispanic man got out of a white Volkswagen and murdered him. A defendant was found guilty of first degree murder after a police dog named Reilly alerted to a scent showing the defendant’s scent was present on the front passenger […]
Confidential Documents Belonging To Nonprofit Given To Mine Lawyers.
A nonprofit environmental group opposed a mine project through a ballot initiative, in order to preserve natural resources. In its venture, the nonprofit contracted with a fundraiser, and eventually the two had a financial dispute. The fundraiser gave confidential documents belonging to the nonprofit to the lawyers for the mine; the lawyers gave the fundraiser a […]
On Dangerous Condition Of Public Property Claim County Granted Summary Judgment.
A husband and wife were injured in an auto accident and brought an action against another motorist as well as the county for dangerous condition of public property. The complaint alleged the other driver was unable to see the plaintiffs as they pulled out from one road onto another. The county moved for summary judgment based […]
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