The Bane Act ( Hate Crime Statute ) allows the Attorney General or any city or district attorney to sue in equity “[i]f a person or persons, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by […]
Groups like Awesome, Seattle School, and Orkestar Zirkonium
In his Apostolic Letter Vicesimus Quintus Annus, John Paul II raised the question again in relation to the liturgical renewal and indicated that it remained among those to be addressed at a future date: “popular piety can neither be ignored nor treated with indifference or disrespect because of its richness and because in itself it […]
Homeowner’s Association Must Strictly Comply With Davis-Sterling Prior To Foreclosure.
A homeowner’s association [HOA] decided to replace all of the roofs in the development, and approved a special assessment of $9,750 per unit after a special election by a majority of the voting members of the association. After homeowner/petitioner failed to pay her special assessment, the HOA recorded an assessment lien on her townhouse property and […]
Service Of Notice To Vacate Arbitration Award Is Not Accomplished By Merely Sending Notice Pursuant To Leave Provision.
Condominium homeowners petitioned the superior court to vacate an arbitration award. The trial court dismissed the petition based on the homeowners’ failure to properly serve their petition to vacate on the owners of the development as required by Code of Civil Procedure section 1288. The homeowners argue they served the petition in accordance with the requirements […]
Summary Judgment In Favor Of Product Manufacturer Affirmed.
The warning on a grinder read: “WARNING: To avoid the risk of serious injury, NEVER use this grinder with cup wheels and/or saw blades.” “WARNING: Never use any accessories other than those mentioned below. The use of any accessories other than those mentioned below or attachments not intended for use such as cup wheel, cut-off wheel, […]
Run Out Of Baggies? Warrantless Search Of Marijuana Is The Result!
Police seized a package from a private shipping company after a shipping employee contacted the police department to report that the package smelled of marijuana and had been dropped off for shipment to an Illinois address. Without a warrant, police opened the box and found 444 grams of marijuana. The California Supreme Court held the defendant’s […]
Plaintiff’s Counsel Should Not Have Been Disqualified Because Of The Expert Witness He Hired.
Plaintiff informed defendant he hired an expert who had previously testified on behalf of the defendant. Defendant claimed the expert possessed confidential attorney-client and work product information, and the trial court disqualified plaintiff’s counsel. The appellate court stated that even if attorney client work product conveyed to a consulting expert remains subject to work product protection, […]
Primary Assumption Of The Risk Applies To A Weight Dropped On Plaintiff’s Head.
Plaintiff was injured by a weight dropped by defendant, her teammate on the UCLA swim team, during a mandatory team workout session intended to strengthen the swimmers. Plaintiff filed an action alleging negligence against defendant, who successfully moved for summary judgment on the basis of the doctrine of primary assumption of the risk. Plaintiff argues primary […]
Appellate Court Affirmed Summary Judgment Based Upon Different Grounds Than Trial Court.
A petitioner brought an action seeking to invalidate amendments to a survivor’s trust. The defendants’ answer alleged the claims were barred by statutes of limitation, res judicata and laches. The trial court granted summary judgment based upon collateral estoppel and statutes of limitation, and never reached the issue of laches. The appellate court affirmed the judgment, […]
Zip Codes At Gas Pumps.
Plaintiffs filed a class action for violation of the Song-Beverly Credit Card Act of 1971 [Civil Code section 1747.08], alleging Chevron violates the Act by sometimes requiring customers to provide their ZIP codes when buying gasoline with credit cards. The trial court granted summary judgment to Chevron and the appellate court affirmed, stating: “The undisputed facts […]
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