The construction contract executed by the parties included a clause which provided that all causes of action relating to the contract work would accrue from the date of substantial completion of the project, abrogating the delayed discovery rule. The trial court concluded the clause was valid and enforceable, noting that the agreement “was one between sophisticated […]
Death Penalty By Lethal Injection “Permanently Enjoined.”
The Department of Corrections and Rehabilitation promulgated regulations regarding the manner in which the death penalty by lethal injection is carried out. The trial court found the regulations substantially failed to comply with the California Administrative Procedure Act [Government Code section 11340 et seq.] and invalidated the regulations in their entirety. The gist of plaintiff’s challenge […]
Danger In Permitting A Broker To Fill Out Insurance Application.
The premises of a business was damaged by fire. An endorsement in the business insurance policy required as a condition of insurance that the insured premises contain automatic sprinklers. The insurance application stated in the box entitled “FIRE PROTECTION (Sprinklers, Standpipes, CQ/Halon Systems),” that the applicant had “SMOKE DETECTORS/FIRE EXITING/SPRINKLERS.” The insurer declined coverage, and the […]
No Creditor’s Claim Required.
The executor of an estate filed a petition confirming the sale of decedent’s real property. California Regional Water Quality Control Board filed an objection without filing a Creditor’s Claim because the proceeds were subject to a stipulated court order that required the property owner to remediate a waste landfill. The executor argued the Water Board was […]
Union Entitled To Home Addresses And Phone Numbers Of All Represented Employees, Including Those Who Have Not Joined Union.
A union claimed it was entitled to obtain the home addresses and phone numbers of all represented employees, including those who have not joined the union. The California Supreme Court agreed that the union does have the right to that information, stating: “Whether the right to privacy under Article I, Section 1 of the California Constitution prohibits disclosure […]
Investment Bankers Sealed Their Lips, And Now They Are Defendants.
Investors purchased a tenant in common ownership interest in a senior housing facility from a real estate investment company. The company did not disclose to the investors that its sole owner is a convicted felon, a violation of state securities law; nor did it disclose the existence of a second loan that grossly overleveraged the property. […]
No Issue Of First Amendment Protection When School Teacher Fired After Blasting “Zionist Jews.”
A substitute school teacher attended an “Occupy Los Angeles” rally and gave an interview to a reporter. Exercising her First Amendment rights, during the interview, she said she worked for the Los Angeles Unified School District, and stated: “I think that the Zionist Jews who are running these big banks and our Federal Reserve, which are […]
“Open Your Mouth So We Can Take A Cheek Swab Of Your DNA” Are Now The First Words After An Arrest When They Used To Be “You Have A Right To Remain Silent.”
Justice Anthony Kennedy, writing for the majority, called taking a cheek swab from arrestees a legitimate police booking procedure. The opinion further states “an individual’s identity is more than just his name or Social Security number, and the government’s interest in identification goes beyond ensuring that the proper name is typed on the indictment.” Justice Antonin […]
Medicare Does Not Cover Costs For Teeth, Even If Problems Result From Physical Disease.
A plaintiff suffers from Sjogren’s Syndrome, which has left her unable to produce saliva. As a result, she lost teeth, her gums deteriorated, and her bite collapsed. She is a Medicare beneficiary, and she received dental services to correct her problems. But the Secretary of The Department of Health and Human Services denied coverage [HHS]. The […]
Before The Time To Appeal Expires Look At The Forest As Well As The Trees!
In arguing about the content of a judgment after the trial court awarded damages for copyright infringement of a design, both sides argued about the appropriateness of an injunction. But the judgment issued by the court did not mention an injunction. Instead of appealing, the plaintiff filed a motion for a permanent injunction, which was denied […]
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