Plaintiffs claimed wireless telephone companies made material misrepresentations regarding the number of usable minutes in subscriber plans. The trial court sustained defendants’ demurrer to the class action allegations, but overruled it with regard to the causes of action seeking injunctive relief under the UCL [Business and Professions Code §17200 et seq.]. The court stated: “Regardless […]
Statute Of Limitations Bars Suit Against Accounting Firm.
The president of a company forced to cease operation due to its liability for unpaid payroll taxes sued its accounting firm for professional negligence. The accounting firm asserted the action was barred by the two-year statute of limitations in Code of Civil Procedure §339, and the trial court sustained its demurrer without leave to amend. […]
Court Dismisses Appeal When Corporate Party Filed A Certificate Of Dissolution Of Corporation.
One week after being served with appellant’s opening brief, a corporation filed a certificate of dissolution with the California Secretary of State, indicating the corporation “has been completely wound up.” The appellate court noted a dissolved corporation continues to exist for the purpose of winding up its affairs, but that “the continued pursuit of this […]
Same Sex Couple In Child Custody Dispute.
M.G. and L.M. are both women who lived together for five years as same-sex partners, but were not domestic partners pursuant to Family Code §297. M.G. adopted a baby and took maternity leave from work for his first three weeks of life. L.M. said she took leave for the next three weeks. Both participated in […]
Debt Collection Violation In Mailing Collection Notice To Debtors’ Place Of Employment “In Care Of” Employer.
The Ninth Circuit found class certification should have been granted in favor of plaintiffs when defendant debt collector violated the Fair Debt Collection Practice Act’s [15 U.S.C. §1692c(b)] prohibition on communication with third parties by mailing debt collection notices in care of debtors’ employer. Evon v. Law Offices of Sidney Mickell (Ninth Circuit; August 1, […]
Petition To Compel Arbitration Denied.
Defendant employer appealed from denial of its petition to compel arbitration of a wrongful termination claim. The arbitration clause was in an employee handbook which plaintiff acknowledged receiving. The appellate court affirmed, stating: “We hold that plaintiff is not bound by the arbitration clause because that clause was included within a lengthy employee handbook; the […]
When Plaintiff Died From An Amputated Penis And His Widow Filed A Wrongful Death Action, A New Government Tort Claim Required.
A prisoner was the original plaintiff in an action against the Department of Corrections. He had a growth on his penis and was referred to a urologist, but was transferred to another prison prior to the scheduled appointment. At his new location, there was another referral with a note to “rule out squamous cell carcinoma,” […]
Case Against Gun Manufacturer To Go To Trial.
A police officer was shot in the back with his Glock 21 service weapon by his three-year-old son rendering him a paraplegic. The officer and his wife sued the manufacturers of the gun and holster alleging the gun has a light trigger pull without an appropriate safety mechanism to prevent accidental discharge and the holster […]
Offers Under CCP § 998 Need To Be Thought Through!
In an action involving the purchase of a new motor home, an offer under Code of Civil Procedure § 998 was for plaintiffs to be paid $50,000 in exchange for a release and dismissal, and plaintiffs accepted. After the action was dismissed with prejudice, plaintiffs moved to recover their attorney fees and costs under Civil […]
Play Discovery Games And Ignore A Court Order From A Federal Judge, And There Will Be Consequences.
The judge denied the first motion to compel production of documents because the parties had not met and conferred, but granted the second motion to compel, ordering the defendant to produce the documents. At a pretrial conference, the court was told the documents had not been produced, and again ordered their production. The day after […]
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