In 2002, the city of Los Angeles amended its municipal code to ban off-site advertising signs and alterations and enlargements to existing off-site signs, along with an inspection program involving an inspection fee. An outdoor advertising business brought a reverse validation action under Code of Civil Procedure section 860, [The validation statutes permit a local […]
Government Tort Claim Delivery Requirement Strictly Construed.
After being damaged by medical negligence at a county hospital, plaintiff’s lawyer gave written notice under Code of Civil Procedure section 364, that a suit for personal injuries would be filed. Counsel personally delivered copies of the letter to the hospital’s administration and requested that it be forwarded to the hospital’s insurance carrier. It is […]
County Must Disclose Billing Records Relating To Attorney Fees Charged For Defending County.
A lawyer requested documents under the California Public Records Act [CPRA, Government Code §6250 et seq.], and the County argued the records were not subject to disclosure because they were attorney-client communications, they were attorney-work product and they were exempt under the CPRA’s pending litigation exemption [§6254(b)]. After ordering the County to redact certain portions […]
Attorney Fees To Demonstrators Who Carried Pictures Of Aborted Fetuses At Protest.
Group carried pictures of aborted fetuses at a busy intersection in South Carolina, and a police officer informed them they would be ticketed for breach of the peace if graphic signs were not discarded. Eventually a petition was filed by the protestors alleging their First Amendment rights were being violated when police informed the group […]
County Enjoys Absolute Immunity.
County asked for extraordinary relief after the trial court denied its motion for summary judgment. The action alleges a violation of a duty to warn of the violent tendencies of a person placed in a care facility. The conservatee injured one person and killed another. The County argued it was absolutely immune under Welfare and […]
City Enjoined From Outsourcing.
The plaintiff, a union representing city employees, brought an action against the City for injunctive relief based upon a proposed outsourcing plan and layoff notices sent to over 100 employees. The trial court granted a preliminary injunction enjoining the City from contracting with a private entity for any of the services that are performed by […]
School District May Be Vicariously Liable For Sexual Harassment Of A Student.
In a case involving allegations of sexual abuse of a 14 or 15-year-old student, the California Supreme Court concluded “a public school district may be vicariously liable under [Government Code] section 815.2 for the negligence of administrators or supervisors in hiring, supervising and retaining a school employee who sexually harasses and abuses a student. Whether […]
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 […]
Court’s Appointment Of Expert Under Evid.Code §§730 & 952 Reversed.
Pursuant to Evidence Code §§730 and 952, the trial judge appointed two experts who work for the Los Angeles County Department of Regional Planning to assist real parties to prepare a map designating where in the county persons required to register as sex offenders may live and comply with Penal Code §3003.5(b) which prohibits them […]
Real Estate Department Must Pay For Broker’s Fraud.
Plaintiffs obtained a judgment for $280,000 against their broker after four fraudulent real estate transactions. Plaintiffs applied with the Department of Real Estate Recovery Account to pay what they could not collect from their broker. The Department paid $50,000 and denied the Remainder, Finding Some Of The Transactions Were Based On The Broker’s Breach Of […]
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