Class action plaintiff alleges a public entity operating a recreational park violates the Vehicle Code by issuing traffic citations based upon video camera images of a license plate, but not of the driver of a car in the park. An ordinance authorizes the entity to use “automated” photographic or video equipment to enforce another ordinance […]
Summary Judgment In Favor Of A Defendant Who Was The Passenger In A Car Reversed.
Plaintiffs’ allegations are that a passenger in a car involved in a fatal accident “told the driver to drive at an unsafe speed over a road [the passenger] knew had unusual conditions that would cause the car to become airborne, resulting in the fatal accident.” The trial court granted summary judgment after concluding there was […]
Summary Judgment Reversed In Truck Roll-Over Action.
Two men were driving a tractor-trailer across the country. One was driving while the other slept in a berth when the vehicle rolled over. The man who was sleeping is the plaintiff here. Plaintiff sued the owners of the tractor and the owners of the trailer for negligence. The court granted summary judgment in favor […]
Injuries Caused By Bicyclist . . . A Criminal Case.
While riding his bicycle, a defendant in a criminal matter collided with a pedestrian, seriously injuring her. The district attorney charged him with recklessly driving a “vehicle” under Vehicle Code section 23103. One section of the code, however, defines “vehicle” in a way that excludes bicycles. (Veh.Code § 670.) Another section of the code subjects […]
Totality Of The Circumstances: What Happens After Someone Drops A Dime?
CHP officers observed nothing unusual, but pulled the pickup over anyway. They smelled marijuana and searched the truck, finding 30 pounds of weed. They arrested the two men inside. The men moved to suppress the evidence, arguing the traffic stop violated the Fourth Amendment because the officer lacked reasonable suspicion of criminal activity. This case reached […]
Red Light Camera Saga Continues.
Vehicle Code section 21455(b) requires a public announcement and a 30-day period of warning devices with respect to a camera that records a traffic violation. The issue in the present case, heard by the California Supreme Court, is whether the statute refers only to the first installation of a red light camera by a city, […]
Big Difference For Real Estate Agent When Criminal Conviction Is Dismissed “In The Interests Of Justice” Under Penal Code Section 1385 Than When It’s Expunged Under Penal Code Section 1203.4.
In January 2009, a licensed real estate agent pleaded no contest and was convicted of misdemeanor hit and run with property damage in violation of Vehicle Code section 20002(a). In April 2010, after negotiations with the district attorney, the court granted the real estate’s motion to set aside her no contest plea. The court also granted […]
Watch Out For That….Ugh….Immunity.
A deputy sheriff pulled over a motorist for a traffic violation. As part of the traffic stop, the officer opened his driver side door to exit his police vehicle. As he opened his door, a motorcyclist, who had seen the patrol car’s overhead lights two or three blocks earlier, collided with the door of the patrol car. Under […]
Patent Exhaustion Does Not Permit Farmer’s Practice.
Plaintiff company invented and patented genetically altered soybean seeds. It sells the seeds to farmers pursuant to a licensing agreement. A farmer purchased the seeds for his first crop, following the terms of the licensing agreement. But for the next crop, the farmer planted ordinary soybeans and used plaintiff’s alteration methods to achieve the same genetically […]
Bicycle On A Sidewalk.
Plaintiff college student left college on his bicycle. At first, he traveled on the street with the vehicular traffic, then he crossed to the sidewalk against the flow of traffic on the street. As he approached a supermarket parking lot, defendant drove her car out of the parking lot, over the threshold between the parking […]