When she was 17 years old, plaintiff was invited to a party by several members of a college baseball team. She claims that upon her arrival, she was given shots of hard liquor in quick succession, and later was assaulted by an unknown number of men as she lay unconscious in a room. Three women […]
No Coverage For Frozen Ground Beef.
After a food company’s frozen ground beef was ordered recalled by the Department of Agriculture [USDA], the food company made a claim under its Contamination Products Insurance policy issued by defendant insurers. Coverage was denied on various grounds, and the food company sued for breach of contract and bad faith. Finding no triable issues of […]
Standard Of Review Can Make All The Difference With A Necessary Party.
The trial court dismissed a real property action for failure to join an indispensible party, the entity that performed all the allegedly defective engineering services, the Natural Resource Conservation Service [NRCS], a division of the United States Department of Agriculture. The trial court observed that the NRCS cannot be joined to the action because it […]
Blanket Enforcement Of Jessica’s Law Hampers Supervision Of Sex Offenders.
Proposition 83, the Sexual Predator Punishment and Control Act aka Jessica’s Law, was passed by the voters in 2006. Jessica’s Law sought to “prevent sex offenders from living near where our children learn and play” by creating “predator free zones around schools and parks.” Petitioners in the present action are registered sex offenders on parole […]
Denial Of Asylum In The U.S.
To establish eligibility for asylum in the United States, a petitioner must prove that he or she is unable or unwilling to return to his or her country of origin because of persecution or a well-founded fear “on account of race, religion, nationality, membership in a political social group, or political opinion” [8 U.S.C. §§ […]
Attorney Disqualification.
In a writ proceeding, one party petitioned for extraordinary relief after the trial court denied its motion to disqualify the law firm representing the other side. The law firm previously represented another law firm in an attorney fee dispute, and in the present case, represents an expert seeking consulting fees arising out of the same […]
Private Attorney General Act (“PAGA”) Claims Stayed Until Arbitration Of Other Claims Completed.
This is a wage and hour case containing a cause of action alleging plaintiff is suing in his representation capacity under the Labor Code’s Private Attorney General Act of 2004 [Labor Code sections 2698-2699.5; PAGA]. In Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, [173 Cal.Rptr.3d 289, 327 P.3d 129], our Supreme Court […]
Real Estate Agents’ Agreement To Share Commissions.
The allegations are that two licensed real estate salespersons agreed to share commissions earned by either of them on certain sales of real property. One sued the other for breaching that agreement, and the trial court sustained the defendant’s demurrer without leave to amend, relying on defendant’s contention that Business and Professions Code section 10137 […]
Just Because You Sit On A State Board Doesn’t Mean You Enjoy Immunity From Antitrust Laws.
North Carolina’s Dental Practice Act provides that the state’s Board of Dental Examiners is “the agency of the State for the regulation of the practice of dentistry,” and it principal duty is to oversee the licensing of dentists. The Board issued cease and desist letters to nondentists who were cleaning teeth at a lower cost […]
Previously we reported: CHP Not A Special Employer Of Freeway Tow Truck Driver.
A tow truck driver who contracted with a county, part of the California Highway Patrol Freeway Service Patrol [FSP program], collided with a car, injuring the driver and her infant son. The CHP moved for summary judgment in the subsequent lawsuit on the ground it was not the tow truck driver’s special employer and therefore, […]
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