In January 2009, a licensed real estate agent pleaded no contest and was convicted of misdemeanor hit and run with property damage in violation of Vehicle Code section 20002(a). In April 2010, after negotiations with the district attorney, the court granted the real estate’s motion to set aside her no contest plea. The court also granted […]
Hiring Decision Involved Exercise Of Free Speech.
Plaintiff filed a discrimination complaint alleging that CBS Broadcasting refused to hire him as a weather news anchor because of his gender and age. CBS filed a motion to strike the complaint pursuant to the anti-SLAPP statute [Code of Civil Procedure section 425.16], arguing that its selection of a newscaster qualified as an act in furtherance […]
Still Pursuing Art Stolen By Nazis.
Plaintiffs allege their ancestors “were a well-known Jewish family that played a prominent role in Germany’s economic and cultural life” and purchased a painting of artist Camille Pissarro in 1898. As a condition to leaving Germany in 1939, the family was required to surrender the painting to the Nazis. In 1943, the painting was sold to an […]
Foreign Sovereign Immunities Act (FSIA) Decision Reversed By Ninth Circuit En Banc.
Last year we reported the following: No Jurisdiction. Plaintiff brought an action against an Austrian-owned railway as a result of her attempting to board a moving train in Innsbruck. She purchased a Eurail pass in California from Rail Pass Experts, a company based in Massachusetts. When attempting to board the train, she fell to the tracks through […]
Decertified Class Ordered Recertified.
Allstate Insurance Company changed the classification of its auto field adjusters from salaried employees to hourly employees in response to litigation challenging their misclassification as employees exempt from protection of overtime wage laws. After the change, Allstate presumed that an adjuster’s workday begins with the first appointment as set by the Work Force Management System. Plaintiff […]
Chapter 13 Filing Does Not Preclude Appeal.
Following confirmation of an arbitration award, the trial court awarded defendants $19,826 in costs and later $158,471.25 in attorney’s fees. Plaintiff filed a chapter 13 bankruptcy petition which listed the trial court’s cost award, but not the attorney fee award. Defendants filed their proof of claim in the bankruptcy court, listing both the costs and the […]
A Class Action Case Removed To Federal Court Stays There Absent Evidence The Matter Is One Of Local Controversy.
Plaintiff filed a class action against defendants in state court, alleging violations of various provisions of state law relating to automobile contracts. Defendants removed the matter to federal court. Presenting no evidence, but arguing the way the class was defined in the complaint supported the request, plaintiff requested the federal trial court to return the matter […]
No Code of Civil Procedure section 128.7 Sanctions For Proceeding With Arbitration.
At the time the trial court confirmed an arbitration award in favor of defendants, it also denied a separate defense motion for sanctions made under Code of Civil Procedure section 128.7 for advancing frivolous claims. The appellate court noted the primary purpose of section 128.7 is deterrence of filing abuses, not to provide compensation for those […]
Employers’s Demurrer Overruled On Appeal.
Plaintiffs worked for a company about to be sold. The owners allegedly promised that if plaintiffs would stay on until the sale was complete, they would be paid a bonus sufficient for them to retire. The company sold for $30 million and the promised bonuses were not paid. Plaintiffs brought an action for several causes of […]
Evidence Permitted Against Defendant Dismissed Pursuant To Nonsuit.
A woman underwent the surgical removal of her gallbladder. Problems started the next day with shortness of breath, low blood pressure and chest pain. She was taken to ICU and multiple tests and procedures were performed. She was placed on a ventilator. A problem ensued with the ventilator and a nurse manually provided oxygen while a […]
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