A doctor brought an action against a hospital alleging both race and gender discrimination in several ways in different causes of action. The trial court granted the hospital’s anti-SLAPP motion, and the doctor appealed. The appellate court, while recognizing the hospital’s peer review process was involved in the doctor’s termination, reversed with regard to the […]
Prejudgment Interest On Costs Not Permitted.
In a personal injury action, the trial court ordered prejudgment interest to be calculated on the entire judgment. On appeal, defendant argued that pursuant to Civil Code section 3291, prejudgment interest should have been awarded only on the damages that the jury awarded. In reversing, the appellate court stated: “We think it clear that the […]
Insurer Not Obligated To Defend Or Indemnify In Light Of Intellectual Property Exclusion.
A famous inventor’s estate alleged the commercial use of the inventor’s name was not authorized after defendant manufactured and distributed several products using the name Buckyball, allegedly without permission or payment. Defendant tendered defense of the action to its insurance company. The insurance company agreed to defend under a reservation of rights and Cumis counsel […]
Attorney Fees Incurred To Enforce A Judgment For Attorney Fees Obtained Under Anti-SLAPP Statute Recoverable As Costs.
The trial court denied a request for attorney fees incurred in enforcing a judgment for fees awarded for the successful defense of a SLAPP suit [Strategic Litigation Against Public Participation; Code of Civil Procedure section 425.16]. On appeal, the losing party argued she was entitled to a fee award pursuant to Code of Civil Procedure […]
Penalties Not Elements Of Causes Of Action That Need To Be Proven To Prevail On Summary Judgment.
The City of Los Angeles sought an abatement of a public nuisance against operators of medical marijuana clinics who were violating the law. One of the remedies sought by the City was an award of civil penalties. The trial court denied the City’s motion for summary judgment and summary adjudication, basing its ruling on its […]
Denial Of Class Certification Reversed.
A retail business routinely recorded the zip codes of its customers who used their credit cards for payment. Plaintiff brought a class action, alleging violation of Civil Code section 1747.08, [the Song-Beverly Credit Card Act of 1971], which prohibits merchants from requesting and recording “personal identification information” as part of a credit card transaction. The […]
Prerequiste Of Sexual Harassment Not Established.
Plaintiff prevailed in her employment action brought under California’s Fair Employment and Housing Act [FEHA; Government Code section 12900] because defendant did not take reasonable steps to prevent sexual harassment. In reversing the judgment, the appellate court stated: “We hold there cannot be a valid claim for failure to take reasonable steps necessary to prevent […]
Insurance Company Waived Right To Rescind Policy.
Five days after treatment at a breast center for a lump on her breast which proved to be cancerous as she continued her treatment, plaintiff applied for medical insurance. The questions on the application included whether she had “received any professional advice or treatment . . . from a licensed health practitioner” or “had any […]
Statute Says It’s Illegal To Sell Foie Gras, So Chef Gave It Away.
Foie gras is considered by some to be a food delicacy; it is made from the liver of a duck fattened by the use of force feedings. In 2004, after animal rights groups argued the production of foie gras involved cruelty to animals, the California Legislature enacted Health and Safety Code section 25982, banning the […]
Private Prescriptive Easement Found.
Neighbors claim a prescriptive easement over land owned by a man who purchased his property and blocked the entrance to a drive which had been used as access to the neighbor’s property. The trial court found the neighbors had satisfied their burden of proving continuous, open and notorious use of the entrance for a five-year […]
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