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 […]
California Coastal Commission Turf And Surf Battle.
A development includes 125 luxury homes on an oceanfront slope situated between a newly created public park at the top of the slope and a newly dedicated public beach at the bottom, with public access trails running through the residential portion. As the project neared completion, the city adopted an ordinance limiting hours of operation for […]
State May Not Impose Additional Requirements For Voter Registration.
The National Voter Registration Act of 1993 [NVRA; 42 U.S.C. §1973gg-4(a)(1)] requires states to “accept and use” a federal form to register voters. The form requires only that an applicant state under penalty of perjury that he or she is a citizen. Arizona had an additional requirement for registration officials to reject the federal form applications […]
Two Successive Offers To Compromise Pursuant To Code of Civil Procedure Section 998.
The California Supreme Court considered whether a later Offer To Compromise made under Code of Civil Procedure section 998, extinguishes a previous Offer To Compromise for purposes of that section’s cost-shifting provisions. The court concluded “that where, as here, a plaintiff makes two successive statutory Offers To Compromise, and the defendant fails to obtain a judgment more favorable […]
Mistake Of Arbitrator Not Enough To Invoke § 10 (a)(4) Of Federal Arbitration Act.
A medical doctor entered into a contract with a health plan. The doctor agreed to provide medical care to members of the health plan and the health plan agreed to pay the doctor. The doctor filed a class action in New Jersey alleging the health plan failed to make full and prompt payment to the doctors. […]
Violation Of Hospital’s Bylaws In Denying Staff Privileges To Doctor “Not Material.”
A hospital made the decision to deny application for reappointment of a doctor to the hospital’s medical staff. The doctor filed an administrative writ petition in the superior court, which was denied by the trial court. The Court of Appeal reversed the trial court’s decision, finding the hospital’s bylaws precluded the Medical Executive Board from delegating […]
No Issue Of First Amendment Protection When School Teacher Fired After Blasting “Zionist Jews.”
A substitute school teacher attended an “Occupy Los Angeles” rally and gave an interview to a reporter. Exercising her First Amendment rights, during the interview, she said she worked for the Los Angeles Unified School District, and stated: “I think that the Zionist Jews who are running these big banks and our Federal Reserve, which are […]
“Open Your Mouth So We Can Take A Cheek Swab Of Your DNA” Are Now The First Words After An Arrest When They Used To Be “You Have A Right To Remain Silent.”
Justice Anthony Kennedy, writing for the majority, called taking a cheek swab from arrestees a legitimate police booking procedure. The opinion further states “an individual’s identity is more than just his name or Social Security number, and the government’s interest in identification goes beyond ensuring that the proper name is typed on the indictment.” Justice Antonin […]
Before The Time To Appeal Expires Look At The Forest As Well As The Trees!
In arguing about the content of a judgment after the trial court awarded damages for copyright infringement of a design, both sides argued about the appropriateness of an injunction. But the judgment issued by the court did not mention an injunction. Instead of appealing, the plaintiff filed a motion for a permanent injunction, which was denied […]
Broad Language In Contractual Attorney Fee Provision.
Plaintiff prevailed under her negligence cause of action, but did not recover under her cause of action for breach of contract containing an attorney fee provision. That provision states: “All parties to this agreement agree to mediate, in good faith, any dispute prior to initiating arbitration or litigation. The prevailing party in the event of arbitration […]
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