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 […]
Does the California Homeowner Bill of Rights Affect MERS’ Ability to Foreclose In California? Fact From Fiction.
In the current flood of mortgage litigation, plaintiffs often rely on a myth to avoid paying their debts. One of the most pervasive story’s on the internet these days involves the Mortgage Electronic Registration System, or “MERS” for short. Plaintiffs accuse MERS of being a “sham” entity, lacking authority to foreclose and only being used […]
Another Tricky Statute Of Limitations Issue In Legal Malpractice Case Against Lawyer.
Lawyer successfully obtained a default judgment, but failed to successfully enforce it. When he was sued for legal malpractice, the trial court sustained the lawyer’s demurrer without leave to amend on the issue of the statute of limitations. The plaintiffs in the malpractice action argued the lawyer’s acts or omissions may have been harmless if […]
No Luck With Mandamus Involving A Board Of Supervisor’s Exercise Of Discretion Either.
A trust appealed from the denial of its petition for administrative mandamus in which it sought to overturn the decision of the Board of Supervisors denying its application to turn a mobile home park from rental to condominium ownership. The trust argued that under Government Code section 66427.5 (e) the Board erred when it considered […]
The Court Cannot Compel A City To Exercise Its Discretion In A Particular Way.
In response to a Request for Proposal for a golf concession at Los Angeles public parks, a business group submitted a bid. A Board for the Recreation and Park Commissioners voted to award the contract to the business group. Pursuant to an Executive Directive, the contract had to be reviewed by the mayor’s office because […]
No Fourth Amendment Protection In Hotel Registry Records.
City ordinance requires hotel operators to maintain certain registry information concerning guests, including their names, addresses and vehicle information, and to make the information available to police officers upon request. Motel operator challenged the ordinance, arguing it amounted to an unreasonable invasion of his private business records without a warrant. Both the trial court and […]
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