Yahoo! Inc., a digital media company, was served with a grand jury subpoena from a Georgia district attorney requiring the disclosure of any and all records regarding the identification of one of its users. Yahoo! complied, and the user brought a putative class action against Yahoo! claiming various statutory provisions, and because the information was produced […]
Violation Of Due Process? One Lawyer In Firm Represents Police Department While Another Advises City Council. Result?
A police officer once dated a woman who lives at an apartment complex which has a pool and Jacuzzi behind a locked gate. Seven or eight years after the relationship ended, he was spotted using the Jacuzzi by the woman he once dated. She called the police, and the police officer told the investigating officer he […]
Pacific Time ( on September 1
When I first saw him, I kind of thought he was full of it, if you know what I mean. I mean, how could a guy shake every hand, sign every autograph, and talk to everybody and be real? Call me cynical. At a second team camp, my wife had brough my children down to […]
Allegations In Complaint Do Not Amount To Judicial Admissions.
A law firm allegedly represented both buyer and seller in the sale of commercial property. The buyer borrowed more than half the purchase price and relied on rental income to make loan payments. After several months, the tenant stopped paying, and in the absence of rental income, the purchaser was unable to make loan payments. The […]
Jurors Were Not Asked “Is This Your Verdict?”
In a criminal case, the jury advised the bailiff a verdict had been reached. Once all were assembled in the courtroom, the court asked: “And ladies and gentlemen, I understand you’ve reached a verdict. Who is the foreperson?” A juror responded: “Yes sir.” The court asked the juror to hand the verdict forms to the deputy, […]
Court Acted Within Its Discretion In Renewing Restraining Order At The End Of Three Years.
In 2008, the superior court issued a three-year restraining order against defendant/appellant. At the end of the three years, the plaintiff/respondent requested a renewal of the restraining order, and defendant/appellant opposed the request. In 2011, the court renewed the order, this time until 2016. The appellate court affirmed the order of the trial court, noting that […]
Decked out in black patent leather with large pewter hardware
He knew it was no fairy tale, of course. He knew that a happy ending was far from assured. Most big leaguers in 1947 had never been on the same field as a black man http://www.microskinroller.com/, had never shared a locker room, a shower, a taxi, a train car, or a dining room table with […]
Not All Venue Selection Clauses Are Contrary To Public Policy.
A wholesale food distributor with its principal place of business in San Diego contracted with a restaurant chain and entered into a “Master Foodservice Distribution Agreement” [MFDA]. The MFDA contained a venue selection clause stating “any litigation related to or arising from this Agreement may be brought in a state or federal court located within Orange […]
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 […]
If At First You Don’t Succeed With A Motion For Mandatory Relief, Don’t Wait Too Long To Try, Try Again.
In a dispute involving construction of a condominium project, defendants failed to file a responsive pleading after the court denied defendants’ petition to order the matter into arbitration. The trial court entered a $1.7 million default judgment. Defendants moved for mandatory relief pursuant to Code of Civil Procedure section 473(b), which the trial court denied because […]
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