An employee, who was on approved medical leave, was fired after his employer discovered he was engaged in outside employment, which was a violation of company policy. The employee brought an action for violation of the Moore-Brown-Roberti Family Rights Act [CFRA; Government Code sections 12945.1 and 12945.2]. An arbitrator held in the employer’s favor, finding […]
“If I’d Observed All The Rules, I’d Never Have Got Anywhere,” Marilyn Monroe.
With regard to the purchase of additional land by a country club, members were given the option of paying a lump sum or making payments over a period of years. After some time, there was a dispute over the club’s treatment of that obligation vis-à-vis new members. Four members brought suit against the club, and […]
Attorney Fees: Is A Bird In The Hand Worth Two In The Bush?
Creditor spent years trying to collect a judgment from a guarantor/debtor. Around the time the creditor started to see a light at the end of the tunnel, the debtor’s lawyer walked into the office of the creditor’s lawyer late on a Friday afternoon with a cashier’s check for almost $13 million, covering the entire judgment […]
Motion For New Trial Procedure Muddier Than Ever.
After turning down defendant’s offer pursuant to Code of Civil Procedure section 998 of $200,000, a jury awarded $73,450 to plaintiff while assessing 40 percent fault to plaintiff. Plaintiff was then left with a total of $44,070. The court entered judgment on the jury’s verdict, but the clerk did not serve notice of entry of […]
“The Cost Of Living Has Gone Up Another Dollar A Quart.”– W.C. Fields.
An arbitrator with the American Arbitration Association [AAA], a practicing lawyer, in an action involving alleged fraud in the purchase of condominiums did not disclose his own involvement in the field of litigation financing for investment purposes. AAA denied requests to disqualify him, but a federal district court judge granted a motion to disqualify the […]
“Most American Children Suffer Too Much Mother And Too Little Presumed Father,” Gloria Steinem.
By statute, a person is presumed to be the natural father of a child if he shows by a preponderance of the evidence that he received the child into his home and openly held the child out as his own. [Fam.Code § 7612 (a).] Here, the mother conceived the child through artificial insemination by an […]
Insufficient Minimum Contacts For California Jurisdiction.
A California resident owned an apartment building in Arkansas that was insured by a Michigan insurance company under a policy the owner obtained through an insurance agent in Arkansas. After fires damaged the building in Arkansas and the owner was not happy with the insurer’s payout, the owner sued the insurance company in California state […]
Release Enforced.
As her parents watched, a 17-year-old died when the horse she was riding in a competition stumbled, threw her off and then fell on top of her. A release, signed by the rider and the rider’s mother, states they all agreed to hold the trainer/coach “completely harmless and not liable and release [Trainer] from all […]
Summary Judgment Reversed In Truck Roll-Over Action.
Two men were driving a tractor-trailer across the country. One was driving while the other slept in a berth when the vehicle rolled over. The man who was sleeping is the plaintiff here. Plaintiff sued the owners of the tractor and the owners of the trailer for negligence. The court granted summary judgment in favor […]
New Trial Ordered In Negligence Case.
Plaintiff, who is a doctor himself, suffered a strike while driving home from the hospital. A police officer at the scene did not immediately call an ambulance because she deduced from his slurred speech, disorientation and vomiting, that he was intoxicated, and, after a struggle, placed him in handcuffs. An ambulance arrived and left. A […]
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