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 […]
No Unemployment Payments When Wages Earned As Independent Contractor.
Plaintiff is an attorney who left private practice in 2007 to work as a law clerk at the superior court. He lost his job at the superior court due to the economic recession and was unable to find employment either in the public or private sector. He filed a claim for unemployment benefits. His benefits commenced […]
Within The Scope Of Employment Includes Planned Stops For Frozen Yogurt And A Yoga Class.
An employee of an insurance broker was required to use her personal vehicle to visit prospective clients, make presentations, provide educational seminars, follow leads, and transport company materials. On the day of an accident, at the end of the workday, she decided she would stop for some frozen yogurt and take a yoga class. As she […]
Plaintiff Passes Anti-SLAPP Hurdle For Torts Of Public Disclosure Of Private Fact, IIED & False Promise.
For a documentary, plaintiff, a police informant, provided an inside glimpse into a notorious street gang. He claims he agreed to speak on camera on condition his face would be concealed, and that he wore a hat and bandana to cover his face. He says the producer told him he didn’t need the disguise since the […]
An Insurance Policy’s “ Assault Or Battery ” Exclusion And The Meaning Of “ Physical Contact. ”
A nightclub dancer suffered severe injuries shortly after she completed her shift when a patron of the nightclub threw flammable liquid on her and then set her on fire. The man was convicted of aggravated mayhem and torture. In the underlying action, the woman sued her employer for inadequate security; it was resolved by a stipulated […]
There’s A Difference Between A Rebuttable Presumption And The Burden Of Producing Evidence.
Decedent committed suicide 25 days after writing his will leaving his estate to his various children, grandchildren and one other child of a previous wife. Decedent had possession of his original will, but no one could find it after his death. Several of the children filed petitions to probate a copy of the will, but decedent’s […]
Orgasm “Merely A Physiological Reaction To Physical Stimulation” Testimony Properly Received In Child Molest Case.
Defendant was convicted of molesting his step-daughter while his wife was out of the country. The victim said defendant has a bad temper and kept guns in the house, and she was afraid he would get angry if she refused. She said that although she experienced orgasms when he orally copulated her, she received no enjoyment. A prosecution […]
Summary Judgment In Favor Of Insurance Company Reversed.
A commercial property was vandalized while vacant. The owner brought an action against the property’s insurer. The policy stated: “Rent [¶] We will pay: [¶]a. your net loss of rental income; and [¶] b. rents accrued but rendered uncollectible by reason of a covered loss at a location described on the Declarations Page; and [¶] c. […]
Autism Treatment Covered.
A consumer group argued that non-licensed therapists who are certified by the Behavior Certification Board (BACB) who provide Applied Behavioral Analysis (ABA) to treat autism should be covered by the Department of Managed Health Care (DMHC) which has jurisdiction over health plans commonly known as health maintenance organizations. [In contrast, the Department of Insurance has jurisdiction […]
Doctrine Of Quasi-Judicial Immunity And The Litigation Privilege Preclude Man From Suing The Guardian Ad Litem Appointed By The Court During His Divorce Proceeding.
After a husband’s lawyer informed the judge on the day trial was to begin that his client had checked himself into a hospital in Massachusetts for severe depression, the court refused to grant a continuance without evidence of the man’s condition. The next day the lawyer presented a letter from the man’s physician, and the judge, […]
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