A federal appellate court reversed the California state court murder conviction of a 17- year-old Hispanic boy, after concluding the prosecutor excused too many Hispanic jurors. Each side could excuse 20 potential jurors from the jury. Here, the prosecutor excused 12, and 7 of those 12 were Hispanic. The Ninth Circuit Court of Appeals concluded the prosecutor […]
Strict Compliance With Three-Day Pay Rent Or Quit Notice In Unlawful Detainer Action Required.
In an unlawful detainer action, the defendant argued the three-day notice to pay rent or quit was defective because it gave a web address, but not a physical address where the rent should be paid. The trial court determined Code of Civil Procedure section 1161(2) did not specifically require a physical address to be listed […]
Limited Civil Case For Debt Collection Reversed Based Upon Documentary Evidence.
A purchaser of a delinquent debt, the plaintiff, filed an action against the debtor, defendant. In limited civil cases, under Code of Civil Procedure section 98, documentary evidence may be introduced at trial under certain circumstances, including that the affiant is located within 150 miles of the place of trial, and, thus, available for service […]
Service Of Process On Foreign Corporation.
After a plane crashed in Cuba, killing everyone on board, the family of one of the decedents sued the French corporation which designed and manufactured the airplane in federal court in California. Plaintiffs served the summons and complaint at the corporate headquarters in France, and the corporation moved to dismiss for lack of personal jurisdiction. After the trial court […]
Court Erred In Denying Fee Award Because Memorandum Of Costs Not Also Filed.
A settlement agreement resolving a wrongful termination action required the former employees to return certain of the employer’s property and that the employees not disclose certain information. When some documents were not returned and some disclosures were made, the former employer proceeded to arbitration under the terms of the settlement agreement, and the arbitrator awarded […]
Denial Of Class Certification Motion Reversed.
In opposing class certification in a wage and hour case involving the potential of 53 class members, defendant produced 38 settlement agreements with putative class members, most of which provided they “released” defendant “from any and all liability” as well as 24 arbitration agreements with putative class members. The trial court found that a proposed […]
Demurrer Procedures Explained.
In a wrongful termination action, the trial court sustained defendant’s demurrer. On appeal, the plaintiff contended the defendant’s demurrer, filed 29 days after the second amended complaint [SAC] was filed, was untimely because defendant had only ten days to file it pursuant to California Rules of Court, Rule 3.1320(j). Code of Civil Procedure section 471.5, […]
Motion To Compel Arbitration Denied.
In a breach of personal service suit, the trial court denied defendant employer’s petition to compel arbitration. The collective bargaining agreement’s grievance procedure consists of three steps. Step 1 allows the union or an employee to resolve a grievance by discussion with the supervisor. Step 2 permits resolution of the grievance if the union is […]
Previously we reported: No Jurisdiction In California. Recent ruling by California Court of Appeal on similar issue:
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 […]
Motion In Limine Ruling Reviewed For Abuse Of Discretion.
In 2006, two stores in a center were robbed eight days apart. A jewelry store owner in the same center expressed concern to the center’s management about the lack of security. Instead of investing in security, the center’s owners and managers requested the local police department to step up security. Seven months after the first […]
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