The Judicial Council asked the appellate court to mandate the trial court to grant its summary judgment motion because plaintiff, who alleges she was severely injured while on an elevator at a Los Angeles courthouse, failed to present a government claim to the Secretariat of the Judicial Council. Plaintiff contends she complied with the government […]
Award Of Attorney Fees Against Law Firm Reversed.
A law firm unsuccessfully represented a man injured in an explosion in an action against a City. After the superior court granted summary judgment to the City, it awarded the City $102,296.20 for its attorney fees and costs against both the man and the attorneys who represented him. Code of Civil Procedure section 1038 provides public […]
Teachers’ Names Need Not Be Disclosed Under Public Records Act.
The Los Angeles Unified School District has developed a statistical model designed to measure a teacher’s effect on his or her students’ performance in the California Standards Tests. This model yields a result—known as an Academic Growth Over Time (AGT) score—which is derived by comparing students’ actual scores with the scores the students were predicted […]
Protect Public School Students From Bullying At School.
An elementary school boy who is not a native English speaker, and has been diagnosed with a number of emotional disabilities including bipolar disorder, depression, attention deficit disorder and posttraumatic stress disorder, allegedly was forcibly restrained by other students, beaten, kicked, and forced to endure derogatory comments, epithets and ethnic slurs. The Legislature has imposed […]
Too Late To Sue For Patent Defects.
In 1993, the Los Angeles County Metropolitan Transportation Authority (MTA) completed the rail station at 4th Street and Hill Street in Los Angeles. In 2011, plaintiff fell on a stairwell at the station. Alleging that the stairwell was “too small” and that its banister was “too low,” plaintiff sued the MTA. The MTA cross-complained against, […]
Passage Of Time Not Enough To Demonstrate Constructive Notice Of A Dangerous Condition Of Public Property.
After a man tripped and fell on the protruding base of a post on public property, he filed an action against a city. The trial court granted summary judgment in favor of the city after finding the city lacked constructive notice of a dangerous condition. On appeal, plaintiff contended that based solely on the length […]
Superior Court Lacks Jurisdiction.
Plaintiff filed an action in superior court seeking an injunction to stop members of the Public Utilities Commission [PUC] from proceeding with a meeting “since the commission would not permit her to attend the meeting because of her affiliation with the Sierra Club, the meeting violated the Bagley-Keene Open Meeting Act. (Government Code section 11120). The […]
A Promise Is A Promise For A Job With A State Agency.
Plaintiff responded to a public announcement for a job with a state agency. He was offered the job and accepted, but the Friday night before he was told to report, he was notified the position had been eliminated. He brought an action for damages to recover the expenses he incurred, and the trial court granted […]
Permits For Tow Truck Companies.
The question on appeal was whether tow truck companies and drivers must obtain a permit in each jurisdiction in which they tow cars. The appellate court concluded a city was only authorized to regulate those tow truck companies and drivers who maintain their principal place of business or employment in that city. (California Tow Truck […]
County Failed To Prove Design Immunity.
A jury found plaintiff was injured as a result of a dangerous condition of public property, but also concluded the county was immune based on design immunity and returned a defense verdict. On appeal, the court noted that design immunity is an affirmative defense that must be plead and proved, and that, while “numerous witnesses […]
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