A citizens group convinced the trial judge to invalidate a city’s approval for a retail store project. The Court of Appeal reversed, finding inter alia the failure of the notice of public hearing to include the planning commission’s recommendation of approval did not require the plan be set aside. Rialto Citizens for Responsible Growth v. […]
Actress, Lisa Kudrow, “Pheobe” On Friends, Was Sued By Her Personal Manager. The Manager’s Expert’s Declaration In Opposition To Kudrow’s Motion For Summary Judgment Raised Questions Of Fact; Summary Judgment Reversed.
An entertainer (Lisa Kudrow) terminated the services of her personal manager, and the trial court granted summary judgment in favor of the entertainer after the manager brought a breach of contract action claiming he should continue to receive a percentage of her income pursuant to custom and usage in the industry. The trial judge excluded […]
Unsettled Issue Provided Justification For Opposing A Motion; Sanctions Against Client And Lawyer Reversed.
A deponent’s wife was sued for allegedly causing severe personal injuries when she struck a woman on a bicycle while she was driving her car. In separate criminal proceedings, the deponent’s wife pled guilty to felony driving under the influence of prescription medications. At the deposition, the deponent was asked certain questions which raised a […]
Right To A Jury Trial.
Insurance company agreed to continue paying disability payments while it investigated whether or not insured was totally disabled. At the conclusion of its investigation, the insurance company filed a declaratory relief action. The insured asked for a jury trial, and the insurance company prevailed upon the trial court to deny the request because it was […]
Nurse Loses License And Files Petition Too Late.
Registered Nurse lost her license and challenged the decision in a petition for writ of administrative mandate under CCP §1094.5. The Board of Registered Nursing demurred, and the trial court dismissed because the petition was untimely. On appeal, the nurse contends she did not learn of the revocation until after the period for filing the […]
Whistleblower Case Not Subject To Anti-SLAPP Motion To Strike.
A doctor reported to hospital authorities that some nurses who worked with him at a medical center failed to follow his instructions. In some instances, he believed the nurses endangered patients’ lives. One nurse refused to follow his order to shock a patient with defibrillator paddles. Another disobeyed his order to transfer a patient to […]
California Rule Of Court 3.769 Didn’t Cut It.
Students brought action against the Los Angeles School District and others on the theory they were denied their constitutional right to equal educational opportunities after a reduction in the teacher force. A settlement was negotiated and judgment was entered. The United Teachers Los Angeles [UTLA] union appealed, arguing the consent decree potentially abrogates the seniority […]
Class Action And Damages Allegations Out; Equitable Allegations In.
Plaintiffs claimed wireless telephone companies made material misrepresentations regarding the number of usable minutes in subscriber plans. The trial court sustained defendants’ demurrer to the class action allegations, but overruled it with regard to the causes of action seeking injunctive relief under the UCL [Business and Professions Code §17200 et seq.]. The court stated: “Regardless […]
Statute Of Limitations Bars Suit Against Accounting Firm.
The president of a company forced to cease operation due to its liability for unpaid payroll taxes sued its accounting firm for professional negligence. The accounting firm asserted the action was barred by the two-year statute of limitations in Code of Civil Procedure §339, and the trial court sustained its demurrer without leave to amend. […]
When Plaintiff Died From An Amputated Penis And His Widow Filed A Wrongful Death Action, A New Government Tort Claim Required.
A prisoner was the original plaintiff in an action against the Department of Corrections. He had a growth on his penis and was referred to a urologist, but was transferred to another prison prior to the scheduled appointment. At his new location, there was another referral with a note to “rule out squamous cell carcinoma,” […]