If a party files a motion to vacate the judgment within the normal time to appeal from the judgment, the time to appeal from the judgment is extended under Calif. Rules of Court Rule 8.108(c). Here, defendants did not file their motion to vacate until the time to appeal the judgment had expired. Starpoint Properties, […]
Times Have Changed, But Not Completely.
Plaintiff, a preschool teacher at a Bible-based Evangelical Lutheran Church school, was fired because she was living with her boyfriend and raising their child together. She admitted she knew she was supposed to serve as a Christian role model. The court found the church did not qualify as an employer under the California Fair Employment […]
$10,000 Sanction In Obtaining Extension Of Time To File Response To Appeal.
Respondent’s counsel asked for an extension of time to file a response. Under penalty of perjury, he said he needed more time due to the many “complex issues raised.” When the brief was filed, it contained “identical–and we mean word-for-word identical” assertions contained in another brief filed by the same counsel in 2009. The appellate […]
What Happens In Zimbabwe, Stays In Zimbabwe.
A lawyer provided an affidavit to support his client’s application for relief in a Zimbabwe court. The result in the foreign court could have influenced an action in a California court. The client’s application in Zimbabwe was denied and the lawyer was sued in California for malicious prosecution. The appellate court found the lawyer’s affidavit […]
Discovery Games In Child Abuse Suit.
An employer was sued for negligence in hiring, training, controlling and supervising a swim coach who “had a long history of molesting underage female swimmers placed under his control” and was convicted and sentenced to 40 years in state prison for molesting a 15-year-old swimmer. Defendant asked for a protective order excluding documents pertaining to […]
Roof Extension Not A Concealed Hazard.
Plaintiff was hired by Dish Network to install a satellite dish on the roof of a residence. When he stepped from his ladder onto a roof extension which had been installed by the homeowner without a permit, the 225 pound plaintiff crashed to the ground, suffering significant injuries. He sued the homeowner. The court affirmed […]
It follows a ban on plastic bags, in place since July
how to make a snap cup yeti tumbler Are so many problems in Alabama right now, legit things to be worked on yeti tumbler sale, Watson said. Example, our prisons are at double capacity. We have many things that need our attention. In studies it has been shown that garlic helps with fat metabolism and […]
Actual Innocence Required For Malpractice Against Criminal Defense Lawyer.
Convicted criminal, acting as a plaintiff in a legal malpractice action, sued his criminal defense lawyer, alleging deficient representation concerning payment of restitution which resulted in his being charged with a probation violation, spending more time incarcerated and losing wages. The appellate court found no error after the trial court sustained a demurrer without leave […]
Condominium Owner Must Pay Association’s Attorneys’ Fees.
Condo owner sued association for violation of CC&R’s, but dismissed most of the causes of action on the Friday prior to the trial date the following Monday. On Monday, the plaintiff successfully moved to continue the trial for the few remaining counts. A few weeks later, citing Civil Code §1354 (c), the association requested $252,767 […]
Discrimination Against Member Of Armed Forces Must Be By Employer.
Military and Veterans Code §394 says “no person shall discriminate against” any member of the military. Lt. Mario Pantuso was called to active duty in the Navy, and when he returned from Iraq his supervisor terminated him. The Lieutenant sued the supervisor. The Court of Appeal compared the statute to the Fair Employment and Housing […]
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