California’s Kin Care Law [Labor Code section 233] requires employers who provide paid sick leave to their employees to allow employees to use sick leave to care for family members. In this case, defendant, an airline, “seeks to avoid this state law obligation by the creation of an employee sick leave plan and trust, which [defendant] holds […]
Without An Undertaking Trial Court Erred In Staying Enforcement Of Judgment.
Judgment debtors argued they needed the court to stay enforcement of a judgment because there would be a setoff from the judgment once the trial against other defendants was concluded, and that prejudice would be suffered if the entire amount were collected from them. The trial court ordered enforcement of the judgment stayed pending trial against […]
Claims For Retaliation Under The False Claims Act Give State Courts Concurrent Jurisdiction Over Actions.
A medical doctor was fired after he allegedly complained about billing practices that he believed to be fraud against Medicare and Medi-Cal. The trial court sustained the demurrer without leave to amend on the doctor’s cause of action under the False Claims Act [FCA; 31 U.S.C. § 3730(h)] for retaliation because of lack of subject matter […]
Part Of Plaintiff’s Failure To Warn Claim Is Preempted; Part Is Not.
Defendant manufactures a medical device, Infuse, used in surgery to strengthen the spines of individuals with degenerated vertebral discs. The Food and Drug Administration [FDA] granted approval for certain types of uses, but not for the type of use performed upon plaintiff, which was a posterior fusion. After plaintiff’s surgery, he suffered numbness and pain, and […]
Discovery Abuses: Play Nice Or Pay The Price!
The trial court ordered the entry of default after finding discovery abuses, including the concealment and destruction of requested documents. At the prove-up hearing, the trial court determined plaintiff was entitled to $691,280 in damages. The appellate court affirmed, concluding defendants willfully failed to comply with court orders, and that defendants “willfully concealed or destroyed written […]
Res Judicata / Claims Preclusion Inapplicable.
In 2005, plaintiff sued defendant in federal court for patent infringement, and the action was settled in 2007. In 2008, plaintiff sued defendant for breach of settlement agreement, once again in federal court. In 2010, plaintiff brought an action against defendant in state court, contending fraudulent transfer of assets in frustration of the settlement agreement. Defendant […]
Court Did Not Exercise Its Discretion To Relieve A Tenant From Default In Unlawful Detainer Action.
A landlord filed an unlawful detainer complaint against a tenant who didn’t pay the rent. A default and default judgment were entered against the defendant tenant. The defendant/tenant brought a motion to set aside the default pursuant to Code of Civil Procedure sections 473 and 473.5, claiming he was not personally served with the complaint as […]
Burden Of Proof In Patent Case Brought As A Declaratory Relief Action.
The dispute revolves around a license given to licensee by licensor/patentee to practice certain of licensor’s patents in exchange for royalty payments. Licensor contended licensee infringed the licensed patents, and licensee challenged that assertion of infringement in a declaratory relief action. The district court concluded licensor/patentee, as the party asserting infringement, had the burden of proving […]
No Jurisdiction In California.
Plaintiffs are 22 residents of Argentina who brought an action in federal court in California against a German manufacturer, claiming the company “collaborated with state security forces during Argentina’s 1976-1983 ‘Dirty War to kidnap, detain, torture, and kill certain [Mercedes-Benz Argentina] workers.” Plaintiffs pled claims under the Alien Tort Statute [28 U.S.C. § 1350] and the […]
Who Has Time To Read A Special Verdict Form?. . . .Unimportant Details
In an action for hostile work environment brought under Government Code section 12900, et seq. [California Fair Employment and Housing Act; FEHA], a jury returned a plaintiff’s verdict for $160,000 and the court awarded him $680,520 for attorney fees. In a motion for JNOV, defense counsel argued the parties and the court agreed on a special verdict form […]
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