Charlotte Russe stores contracted to become the exclusive sales outlet for “premium, high end” clothing called People’s Liberation, a brand owned by a company called Versatile. Charlotte Russe allegedly offered the clothing at severely discounted “fire-sale” prices. Versatile brought an action against Charlotte for breach of contract and other causes of action, requesting damages for […]
Frosted Mini-Wheats’ Class Action Settlement Reversed And Vacated.
A false advertising class action was filed against Kellogg Company after the company marketed Frosted Mini-Wheats cereal claiming it was scientifically proven to improve children’s cognitive functions for several hours after breakfast. When the action was settled with the trial court’s approval, there was a provision that any funds remaining would be donated to charities […]
Interpleader Proper When Two Colorable Claims To Policy Proceeds.
Husband and wife bought life insurance on their minor child, and then they divorced, but the policy was not distributed in the dissolution proceedings. After the divorce, the wife removed the husband as a beneficiary. Then their daughter died. Both the husband and wife claimed the proceeds. The life insurance company interpleaded the policy proceeds […]
No Qualified Immunity For Police Officers Who Caused Injury.
Injured U.C. Davis student brought an action for violation of his Fourth Amendment right to be free from unreasonable seizure after police fired pepperball guns in an attempt to disperse a crowd and the student suffered serious eye injuries and a loss of his athletic scholarship. The Ninth Circuit affirmed the trial court’s finding the […]
Dismissal Of Appeal Rejected & Jury Award Upheld After Work Comp Benefits Deducted.
Response by the Court of Appeal when the parties notified the court the matter had been settled: “The parties stipulated to a dismissal of the appeal on the day before the matter was initially set for oral argument based on a proposed settlement. We rejected the stipulation and re-calendared oral argument because we determined that […]
This should take no longer than 30 seconds
On the game winning goal: “Me and Chappy (Stefan Chaput) had some good work down low just a few seconds before. The puck ended up at the point. I was just coming off the corner to get in front, maybe get a tip. Whether they want to admit it or not, there will be at […]
Guarantors Left Holding The Bag.
Borrowers agreed to pay only interest on a loan until its maturity date. The loan contained a provision that barring an uncured default outstanding at the time of the maturity date, and in the bank’s sole and absolute opinion and judgment, the maturity date would be extended. Indeed, it was extended five times. After the […]
Improper Joinder Of Claims In Sexual Assault By A Doctor Of Two Patients, But Proper Joinder Of The Doctor’s Employers.
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 […]
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