Two patients brought an action against their doctor and the doctor’s employers for sexual assault. The trial court sustained defendants’ demurrer without leave to amend because the plaintiffs alleged separate and distinct assaults during separate and distinct periods, and defendants were improperly joined under CCP § 378. The appellate court affirmed the ruling with regard […]
Attorney Fees Awarded After Summary Judgment Filed And A Dismissal Of Trade Secrets Case Is Filed Instead Of Opposition.
Three individuals left plaintiff’s company and joined defendant’s company. Plaintiff brought a trade secret misappropriation claim against defendant. Defendant filed a motion for summary judgment containing evidence the purported trade secret was actually an off-the-shelf computer program. Plaintiff asked for several continuances to conduct discovery, but never opposed the motion and filed a dismissal instead. […]
No Duty On Manufacturer Of Taser Gun To Warn Of Risks Not Knowable .
After report of a disturbance, police went to a scene and found a man “either really high or crazy.” The man struck the police vehicle with his hand and continued on his way. The situation deteriorated with the man breaking a fence, assuming a batter’s position and swinging a two by four at officers. After […]
Advances Are Not The Same As Commissions.
Plaintiff was a salesman for Verizon, and his pay was based on a compensation plan, which was basically an hourly wage plus commissions. New hires were advanced 100% of their target commission, but were paid for their actual performance, and advanced commissions were taken back if a customer cancelled service. Plaintiff filed a complaint alleging […]
Mobilehome Up For Sale Protected By Rent Control, Even If Not Principal Residence.
Damages awarded against a mobilehome park were measured by the difference between the rent charged and the rent permitted by a city ordinance. Civil Code §798.21 provides that a mobilehome space is exempt from a local rent control ordinance if the space is not the principal residence of the homeowner. One homeowner, whose mobilehome was […]
Whistleblowers Beware. . . Disclosures Made In The Course Of Official Duties Outside Protection Of First Amendment.
A detective reported that another officer engaged in abusive interrogation tactics. He was told to stop sniveling and was thereafter placed on administrative leave. He filed a civil rights action under 42 U.S.C. § 1983. The trial court granted summary judgment and the Ninth Circuit affirmed. Dahlia v. Stehr (Ninth Circuit; August 7, 2012.) Case […]
Arbitration Clause In Employment Application Unconscionable And Unenforceable.
Here’s what it says: “I hereby agree to submit to binding arbitration all disputes and claims arising out of the submission of this application. I further agree, in the event that I am hired by AccentCare, that all disputes that cannot be resolved by informal internal resolution which might arise out of my employment with […]
No Employee Benefits For Independent Contractor.
An independent insurance agent for insurance company filed suit claiming employee entitlements under the Labor Code after her contractual relationship with the company terminated. The trial court, after finding she was an independent contractor and not an employee, granted summary judgment in favor of the insurance company. The Court of Appeal affirmed, agreeing with the […]
School Counselors Permitted, Not Required, To Disclose Student Confidential Medical Information.
Education Code §49602(c) permits, but does not by its terms, require a school counselor to disclose personal information (including pregnancy-related or abortion-related information) received from an un-emancipated student age 12 or older to the student’s parents, or school principal when the counselor has reasonable cause to believe that disclosure is necessary to avert a clear […]
Can’t Cut Attorney Out Of His Fees.
Client/defendant and lawyer entered into a written fee agreement which deferred payment of fees until the court ordered them, which the court did after plaintiff lost. Plaintiff appealed, but settled with the defendant while the appeal was pending, a settlement which did not include payment of the fees. The lawyer sued for his fees. The […]
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