Sheriff’s deputies seized and destroyed approximately 1,500 pounds of marijuana under cultivation in a remote area of Humboldt County. Plaintiffs each has a written physician’s recommendation for up to two ounces of marijuana per day, sued the County for conversion and violation of their constitutional and statutory rights to be free from unreasonable search and seizure […]
County Plastic Bag Prohibition Upheld.
The Marin County Board of Supervisors enacted Ordinance No. 3553 in January 2011. Effective January 1, 2012, the ordinance prohibits certain retail establishments from dispensing single-use plastic bags and requires retailers to impose a reasonable charge of not less than five cents for dispensing a single-use, recycled-content paper bag. An agricultural commissioner’s report stated that […]
We Don’t Need No Stinking Commercials.
Fox Broadcasting Co. licenses its shows to companies which sell Fox programs online or stream them over the internet. One such distributor is Dish Network, the third largest pay television service provider in the U.S. Dish retransmits Fox’s broadcasts under a 2002 contract, which provides in part: “Dish shall not ‘distribute’ Fox programs on an ‘interactive, time-delayed, […]
Trial Court Lacked Evidence To Grant A Motion In Limine So The Jury Verdict Was Reversed.
In a business dispute after a 20-year business relationship, goods were delivered by plaintiff to defendant, and the invoices correctly listed the agreed upon price of the goods. The trial court denied plaintiff’s motion in limine to preclude evidence that would vary the express terms of 33 invoices, interest payments as late charges. But in purportedly […]
Problem Tenant.
A landlord leased property to a private school. At a certain point, the landlord listed the premises for sale with a real estate broker, and decided to have a building inspector “find out all the things that may or may not be wrong.” The lease provided for the landlord to inspect “at reasonable times after reasonable […]
Gay Man Will Be Persecuted If He Is Returned To His Native Country.
A 37-year-old gay native and citizen of the Philippines was ordered removed from this country. The Ninth Circuit granted the man’s petition for relief, stating: “Dennis Vitug, a native of the Philippines, petitions for review of the Board of Immigration Appeals (BIA) order vacating an immigration judge’s (“U”) grant of withholding of removal and protection under […]
Volunteer Police Officer Not An Employee Under FEHA.
The city of Los Angeles deems those who serve as volunteer police reserve officers as employees for the limited purpose of extending workers’ compensation benefits. The appellate court held: “The City’s policy decision to extend workers’ compensation benefits to these individuals, who voluntarily put themselves in harm’s way on behalf of the community, does not transform the volunteers‘ […]
U.S. Not “Substantially Justified” In Denying Social Security Claim, So Plaintiff Awarded Fees And Costs.
In an action for Social Security disability benefits, the government prevailed at the administrative and trial court levels, but the claimant prevailed before the Ninth Circuit. The claimant then requested attorney fees and costs from the district court, but the court denied them after finding the government’s position was substantially justified in that it prevailed in […]
Code of Civil Procedure section 998 Expert Costs For Defendant After Voluntary Dismissal Prior To Trial.
Plaintiff was injured in a fall in a supermarket. Defendant’s overtures toward settlement under Code of Civil Procedure section 998, as well as defendant’s demand for exchange of expert witnesses were ignored by plaintiff. Defendant moved in limine to preclude the use of experts by plaintiff, and plaintiff dismissed the action prior to a ruling. Defendant […]
In FEHA Action, No Need To Show Action Frivolous In Order To Obtain Ordinary Costs.
The trial court granted a motion for summary judgment in favor of a fire department in a FEHA case [California Fair Employment and Housing Act; Government Code section 12900], and then ordered plaintiff to pay costs of $5,368.88. On appeal, the court stated: “The issue presented is whether the District, as the prevailing party, must show […]
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