Plaintiff was 18 in 1984 when he witnessed a drive-by shooting. Under police protection for months, he testified for the prosecution. During those months, plaintiff formed a friendship with a detective who became a father figure to him. The next year, plaintiff and other neighbors gathered to watch police activity when two people in the […]
Dismissal Of Age Discrimination/Employment Case Reversed.
The Age Discrimination in Employment Act [ADEA, 29 U.S.C. §621, et seq.] prohibits an employer from discharging an employee who is over forty years of age because of the employee’s age. The district court dismissed a complaint alleging plaintiff was at least forty years old; her performance was satisfactory or better; she received consistently good […]
Commissioner Runs Against Judge And Loses, Both The Election And Her Job.
A temporary court commissioner challenged a sitting judge in an election and lost. Shortly thereafter, the executive committee of the superior court adopted a policy which rendered the commissioner ineligible to serve as a commissioner. After she lost her job, she brought a civil rights action under 42 U.S.C. §1983 alleging the policy was enacted […]
He Broke The Sound Barrier, But Not The Statute Of Limitations Barrier.
Plaintiff, a recognized figure in aviation history, brought an action in 2008 for invasion of privacy against persons who sell aviation-related memorabilia who posted information about plaintiff on their website in 2003. The district court granted summary judgment on the issue of statute of limitations. The Ninth Circuit affirmed, stating: “Yeager argues that the website […]
Dismissing Elder Abuse Case Costly.
Plaintiff sued under the Elder Protection Act [Welfare and Institutions Code §15600 et seq.]. Defendant hospital served an offer to compromise under CCP §998 offering “to waive costs and to refrain from pursuing a claim for malicious prosecution” if the suit were dismissed with prejudice. The offer expired, but during jury selection, plaintiff did dismiss […]
School District Shouldn’t Keep Secrets.
On May 10, a school district denied a claim made regarding a six-year old, but when it mailed notice of the denial on June 9, it did not include the date the claim was denied. When the plaintiff petitioned under Government Code § 946.6 to file a late claim on December 3, a petition which […]
Doctor Not Liable For Report To DMV About Epileptic Man.
Man caused serious injuries to others when, due to an epileptic seizure, he lost consciousness while driving. Injured people sued the man as well as the man’s doctor who informed the DMV that “everything is good,” resulting in the restoration of the man’s driver’s license. The trial court granted the doctor’s motion for summary judgment […]
No Payment, No Award.
An arbitrator terminated proceedings for lack of payment of fees. A party asked the superior court to confirm the “award.” The trial court denied the motion and set the matter for trial. The appellate court affirmed. Cinel v. Christopher (Cal. App. Second Dist., Div. 1; February 16, 2012) 203 Cal.App.4th 759, [136 Cal.Rptr.3d 763].
Marilyn Monroe’s Estate Estopped From Claiming A Posthumous Right Of Publicity.
Marilyn Monroe’s will was probated in New York which does not recognize a posthumous right of publicity. Both the federal trial and appellate courts concluded that because her executors consistently represented during the probate proceedings that she was domiciled in New York at her death to avoid paying California estate taxes, they are judicially estopped […]
Catholic Church Cases Continue.
The plaintiff was born in 1975; he was 11 or 12 years old when the alleged abuse by a local parish priest occurred. He alleged he did not discover he had adult-onset psychological injuries caused by the molestations until 2008, and he brought his action in 2010. He says the statute of limitations was tolled […]
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