CHP officers observed nothing unusual, but pulled the pickup over anyway. They smelled marijuana and searched the truck, finding 30 pounds of weed. They arrested the two men inside. The men moved to suppress the evidence, arguing the traffic stop violated the Fourth Amendment because the officer lacked reasonable suspicion of criminal activity. This case reached […]
Government Ordered To Pay Attorney Fees In Social Security Case.
The administrative law judge disregarded competent lay witness evidence on plaintiff’s social security claim. The Ninth Circuit held that under the Equal Access to Justice Act [EAJA; 28 U.S.C. § 1291], the district court abused its discretion when it denied plaintiff his attorney fees, stating: “To avoid an award of EAJA fees. . ., the […]
Claim Of Equitable Tolling Of Statute Of Limitations While Plaintiff Pursued Her Work Comp Case.
Plaintiff fell from an outdoor balcony at the offices of her employer. Immediately she began receiving workers’ compensation benefits and later filed a claim with the Workers’ Compensation Appeals Board seeking additional benefits. More than two years after the fall, she filed a superior court action for premises liability against the building owners. She alleged […]
Appellate Courts Split On Which Statute Of Limitations Applies For Malicious Prosecution Against Attorneys.
When attorneys were sued for malicious prosecution 13 months after resolution of the underlying action, they brought a motion to strike, citing the one-year statute of limitations under Code of Civil Procedure section 340.6 and Vafi v. McCloskey (2011) 193 Cal.App. 4th 874, [122 Cal.Rptr.3d 608], which held that the one-year statute applied in a […]
Sexual Assault From The Halls Of Montezuma To A Class At Middle School
Two months before the United States Marine Corps assigned a Marine to speak at a middle school on Career Day, the Marine had been court-martialed for the sexual assault of three female members of the Corps. The result of the court-martial was that he was retained in the Corps and assigned to recruitment detail awaiting […]
Time For Appealing Issuance Of A Domestic Violence Restraining Order.
In the midst of a divorce, the court ordered a domestic violence restraining order against the husband and in favor of the wife. Both the husband and his lawyer were in the courtroom when it was ordered. Neither the wife nor the court clerk served a document entitled “Notice of Entry” of the restraining order or a […]
County Failed To Prove Design Immunity.
A jury found plaintiff was injured as a result of a dangerous condition of public property, but also concluded the county was immune based on design immunity and returned a defense verdict. On appeal, the court noted that design immunity is an affirmative defense that must be plead and proved, and that, while “numerous witnesses […]
Denial Of Arbitration In Class Action Against DIRECTV.
Plaintiff brought a class action lawsuit against DIRECTV. The trial judge denied defendant’s petition to compel arbitration. The relevant arbitration provision is contained in section 9 of DIRECTV’s 2007 customer agreement. Section 9 provides that “any legal or equitable claim relating to this Agreement, any addendum, or your Service” will first be addressed through an […]
Everyone’s Worst Wrongful Death Nightmare
Survivors of a woman brought an action contending their wife and mother’s remains were disfigured. In two causes of action, plaintiffs alleged decedent was prematurely declared dead, after which she was placed in a compartment in the hospital morgue while still alive, and that the disfigurement to her face happened while trying to escape until […]
Diversity Issue: A National Bank Is Located Where Its Main Office Is.
Plaintiffs, citizens of California, filed an action against a bank in the California superior court. The bank’s main office is in South Dakota and its principal place of business is in California. The bank removed the action to a federal district court, asserting subject matter jurisdiction on the basis of federal questions and diversity of […]
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