Plaintiff filed a sexual harassment action against defendant, a co-worker. The co-worker defendant filed a cross-complaint alleging defamation and intentional infliction of emotional distress. Plaintiff filed a special motion to strike pursuant to Code of Civil Procedure section 425.16, which the trial court granted in part and denied in part. In affirming, the appellate court stated: […]
What’s The Juvenile Court To Do With Truants. . . .Ferris Bueller’s Day Off?
A 15-year-old is a habitual truant; he missed 255 school periods without a valid reason. He was declared a ward of the juvenile court. The court directed him to reside in the home of his parents, attend school daily, comply with a 6:00 p.m. curfew and not stay away from home overnight without permission of probation […]
Ongoing And Gradual Earth Movement Does Not Result In Lot Line Displacements.
In 1956, road construction by Los Angeles County in a then unincorporated area of the Palos Verdes Hills known as Portugese Bend accidentally reactivated a sub-surface prehistoric slide area. That incident sent just under one square mile of hillside property on an ongoing, slow-motion, downhill journey that inexorably leads to a bluff overlooking the Pacific Ocean. […]
In Pregnancy Discrimination Case Different Result Second Time Around.
Last year, we published the following: Pregnancy Discrimination Verdict Upheld. Woman employee was fired three hours after returning from pregnancy leave. In her action alleging wrongful termination and violation of the California Fair Employment and Housing Act [FEHA, Government Code section 12940], a jury awarded her $10,000. After the verdict, the court granted her $50,858.44 […]
Medicare Reimbursements.
Under 42 U.S.C. 1395y(b)(2)(B) (ii) a primary plan or an entity that receives payment from a primary plan shall reimburse Medicare once the primary plan’s responsibility has been demonstrated by a judgment or settlement. A federal judge in Arizona enjoined the Secretary of Health and Human Services from seeking up-front reimbursement of Medicare secondary payments from […]
Employee Is Not Entitled To Attorney Of His Choice When Sued As A Result Of Carrying Out His Duties, After A Woman Died Drinking Too Much Water In An Ill-Conceived Radio Contest.
As the result of drinking too much water in an ill-conceived radio contest, a woman died. Plaintiff had helped conduct the contest as part of his duties as an employee of defendant, the company that owned the radio station. Although defendant told plaintiff it would provide legal counsel for him, plaintiff chose to hire his own […]
Attorney Fees And Costs Properly Awarded To Interpleader.
Wife is found dead in the street outside the home she shared with husband. Her death is investigated as a homicide. Husband, who is the sole beneficiary on wife’s life insurance policy, is a suspect. Life insurance company files an interpleader action and deposits the policy benefits plus interest with the trial court. Wife’s mother, who […]
State Trial Court Erred In Ordering Plaintiff To Remove An Action To Federal Court.
In a copyright infringement action, which also contained various state law claims, the trial court dismissed plaintiff’s complaint after plaintiff did not comply with the trial court’s order to remove the matter to federal court. In reversing the dismissal, the appellate court stated: “The court’s order of dismissal was based on two erroneous assumptions. The first […]
Landlord May Hold Open Houses.
Tenant lives in a condominium subject to the Santa Monica rent control regulatory scheme. The landlord listed the property for sale, but the tenant would not permit open houses on weekends, and would permit the property to be shown only pursuant to appointments. Frustrated, the landlord filed an action for declaratory relief. The trial court’s order […]
Law Prohibiting Sexual Orientation Change Efforts Does Not Infringe On First Amendment Or Other Fundamental Rights.
The California Legislature passed a law banning state-licensed mental health providers from engaging in sexual orientation change efforts. In two cases, plaintiffs [National Association for Research and Therapy of Homosexuality and American Association of Christian Counselors, among others] sought to enjoin enforcement of the law, arguing it violates the First Amendment and infringes on several other […]
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