Petitioner, an American citizen who was born in Iran, was subjected to lengthy stops at the border when coming into the USA. He wrote a letter to the Department of Homeland Security [DHS] asking whether or not his name appears on a government terrorist watchlist, and how he can have it removed if his name […]
Litigation Privilege Protects Lab From Erroneous Paternity Results.
A laboratory conducted DNA paternity testing for a county as part of a paternity proceeding in superior court against a man who is a plaintiff in the instant civil action for negligence against the lab. The results were wrong, and unknown to the family for years. The superior court dismissed the lawsuit against the lab […]
Statute Of Limitations In Employment Application Does Not Override FEHA Or Common Law That Otherwise Provides.
Plaintiff brought an action against her former employer alleging claims under the Fair Employment and Housing Act [Government Code section 12900; FEHA] and two nonstatutory claims. The employer moved for judgment on the pleadings based on plaintiff’s signed application for employment where she agreed that “any claim or lawsuit . . . must be filed […]
It Would Be Wise To Perform Under A Transfer Disclosure Statement [TDS] Yourself If You Want To Sue Under A Contract.
This case involves “mixed use” property, or property improved for both residential and commercial buildings. Plaintiff is the seller, who sued the buyer for breach of a real estate purchase agreement. The trial court granted summary judgment in favor of the buyer because the seller, as a matter of law, was required to deliver a […]
Ninth Circuit Reversed, Based On Longstanding Copyright Practices.
Plaintiff, a stock photography agency, registered large numbers of photographs at a time. Plaintiff licensed a publishing company to use pictures it had registered, and brought an action against the publishing company based on the payment of inadequate fees. The district court dismissed the claims on the ground that the registrations of the photographs with […]
Certain Fire Department Employees Entitled To Standard Overtime.
Because of a statutory exemption in the Fair Labor Standards Act [29 U.S.C. § 207(a); FLSA], Los Angeles Fire Department firefighters do not receive overtime pay for work over 40 hours in a workweek, but only after working 212 hours in a 28 day period. Certain dispatchers and helicopter paramedics contend they are entitled to […]
Mandatory Relief Denied To Plaintiff Whose Attorney Had Cancer, Missed The Trial And Later Died.
Plaintiff’s lawyer was properly noticed of the trial date, but miscalendared the date, and on the date of the trial, the court granted a judgment of $0 to the appearing defendant. Plaintiff’s counsel thereafter moved, pursuant to Code of Civil Procedure section 473(b), to set aside the judgment. The motion included a declaration explaining how […]
Trial Court Should Have Granted Domestic Violence Restraining Order.
Years after a domestic violence restraining order was granted during a divorce, the wife went back to court to request a permanent restraining order. The trial court concluded that “if nothing has happened in three years, I don’t see how there is reasonable apprehensions,” and relying on that comment as well as the holding in Ritchie v. […]
Boris And Natasha Boobytraps Outdone.
The court’s introduction says it all: “Defendant [] was charged with a number of drug offenses that exposed him to a maximum of 11 years in state prison. How did defendant attempt to avoid those 11 years? By trying to kill the detective whose testimony was required to convict him, of course. None of the […]
Apportionment Of Fault In Product Liability Trial.
A vehicle traveling at a high rate of speed slammed into a line of vehicles stopped at an intersection, thus propelling a vehicle into the back of plaintiff’s Nissan Frontier pickup truck. The force of the collision caused plaintiff’s seatback to collapse and plaintiff to slide up the seat. Plaintiff’s head struck her vehicle’s back […]
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