Severely disabled residents of two California cities were authorized by doctors to use marijuana for medical purposes. Use of marijuana is permitted under California law, but prohibited under federal law. The Ninth Circuit decided the individuals covered under the Americans with Disabilities Act [ADA] do not include persons engaged in the illegal use of drugs. […]
Provision In Arbitration Agreement Contrary To Public Policy.
Plaintiff sued a nursing home alleging negligent care and treatment. Defendant petitioned to compel arbitration, which the trial court granted, after severing the attorney fee provision which stated the parties would bear their own attorney fees and costs. The trial judge explained that provision was contrary to the Elder Abuse Act [Welfare and Institutions Code […]
Foreclosure or Short Sale: Strategies for Homeowners Video Release
Attend the release viewing of Mark Mellor’s New DVD/ Informational Video “Foreclosure or Short Sale: Strategies for Homeowners” at our office tomorrow 5:30 p.m. 6800 Indiana Avenue, Suite 220, Riverside, CA 92506; (951) 221-4744. In return for the advanced viewing, Mr. Mellor wants to hear your constructive criticism for making improvements to the DVD before final […]
When You Point A Finger At A Doctor, Back It Up.
Plaintiff was injured when an elevator fell six floors. One of the defendants asked a question at trial about whether or not a treating physician met the standard of care. The trial judge sustained the plaintiff attorney’s objection. During deliberations, the jury asked whether it could assign a percentage of responsibility to a person not […]
Website Alleged To Have Shared User Data Settles For $38 Million.
The company that operates Proflowers.com and RedEnvelope.com has agreed to a $38 Million settlement of a class action law suit alleging that it violated its own privacy policy when it shared user data with a marketing partner without user consent. The plaintiffs alleged that they were harmed because the partner, an operator of a discount […]
Vicarious Liability For Spam Texts.
Spam is irritating, whether it comes by e-mail or text message, even though it’s actually pretty easy just to delete it. A group of customers of Heartland Automotive Services, a franchisee which operated Jiffy Lube service stations, found the spam texts they received sufficiently annoying that they initiated class proceedings: In re: Jiffy Lube Int’l […]
Ninth Circuit Affirms Duty Of Insurer To Pursue Settlement, Even Without Claimant’s Demand.
In a published decision with potentially broad and significant implications for the adjudication of insurance claims handled in California, the Ninth Circuit held that insurers must promptly seek to effectuate settlement once liability has become reasonably clear, even in the absence of a settlement demand. The court also held that the genuine dispute doctrine does […]
Another Non-Signatory Wrongly Sent To Arbitration.
The trial court decided that, since a janitorial business had an arbitration agreement with its workers compensation insurance company, the doctrine of equitable estoppel applied with regard to whether, or not, it had to arbitrate a dispute with the third party administrator of its workers compensation claims. The Court of Appeal found the doctrine inapplicable […]
Does Caretaker For Elderly Person In The Home Get Overtime?
Plaintiff is not a licensed or trained nurse. The family of a 90-something invalid hired her to provide care for the elderly person at home. After she left employment, plaintiff sued for failure to pay her overtime wages. The appellate court found plaintiff “was a personal attendant as a matter of law and thus, exempt […]
You’ll Need To Be Monitored, Doctor.
When the Board of Psychology imposed discipline on a psychologist, the trial court denied the doctor’s writ petition. The psychologist acted as a special master in a family law proceeding in California and testified in a family law proceeding in Florida. In the California matter, he emailed one of the spouses “that he could not […]
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