A Messianic Jew incarcerated in state prison was denied kosher meals. Prison officials did not dispute the sincerity of the prisoner’s beliefs, but said the prisoner was not eligible to partake in an existing kosher meal program because he was not a traditional Jew and his needs could be satisfied with a vegetarian diet. In […]
Church School Did Not Violate Law When It Fired Teacher With Narcolepsy Who Threatened To File A Lawsuit.
The United States Supreme Court ruled a Lutheran Church school did not violate the law when it fired a teacher who claimed she was discriminated against because of a disability, and threatened to sue the church. The Court said the Establishment and Free Exercise Clauses of the First Amendment bar suits on behalf of ministers […]
Dispute Against Credit Card Company Promising To Help Rebuild Credit Has To Be Arbitrated.
Credit card was marketed to be used to “rebuild poor credit.” The company was sued in a class action for misrepresentation. Credit card users signed arbitration agreement in the application. But the Credit Repair Organizations Act [CROA; 15 U.S.C. §1679c(a)] states: “You have a right to sue a credit repair organization that violates the [Act].” […]
Summary Judgment In Favor Of Bank Reversed In Identity Theft Case.
Fraudulent accounts were opened in plaintiff’s name, so he advised credit reporting agencies which, in turn, notified various banks of the situation. Chase Bank USA did perform an investigation but continued to report a fraudulently opened account as lost or stolen and the thief’s address as plaintiff’s address. The trial court granted summary judgment in […]
Real Estate Department Must Pay For Broker’s Fraud.
Plaintiffs obtained a judgment for $280,000 against their broker after four fraudulent real estate transactions. Plaintiffs applied with the Department of Real Estate Recovery Account to pay what they could not collect from their broker. The Department paid $50,000 and denied the Remainder, Finding Some Of The Transactions Were Based On The Broker’s Breach Of […]
Class Action And Damages Allegations Out; Equitable Allegations In.
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, […]
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