The law imposes a duty on emergency room physicians to treat patients regardless of their ability to pay. When those patients are enrollees in health care service plans (HMOs), the law imposes an obligation on the HMOs to reimburse the physicians for emergency treatment provided to the enrollees, even when the physicians were not under contract to […]
Surprise No Medical Records!!
Surgeons implanted a biliary stent in plaintiff during emergency abdominal surgery in 1996. Plaintiff alleges he was unaware it was there until August 2010 after he sought treatment for abdominal pain. In April 2011, plaintiff brought an action against the health care providers who treated him in 1996 and 1997. Defendants successfully demurred on statute of […]
No Need To Look At Our Evidence Of Attorneys’ Fees; Take Our Word For It.
The trial court awarded $350,000 in fees and costs to class counsel after approving a settlement. In making its determination, the court reviewed some of class counsel’s billing records in camera, to which defendant did not object. On appeal, defendant contended class counsel failed to submit sufficient evidence to justify that the fee award was both […]
A Foster Child Alleged Molestation But Government Claim Was Not Timely Filed.
A foster child alleged molestation by the foster father for two months during 2009, but now contends the cause of action against the county did not accrue until March, 2012 after legal counsel obtained an police investigator’s follow-up report dated January 14, 2011. A government claim was filed in May 2012. The minor disclosed the molestation […]
A Valentine Noncompetition Issue.
In a divorce proceeding, the court awarded the community business to the husband and issued an order restraining the wife from working in the same business, anywhere, for five years. The appellate court discussed that an agreement restraining someone from engaging in a lawful occupation is void pursuant to statute [Business and Professions Code section 16600], […]
Constructive Voluntary Quit Doctrine: Underpaid, Under Pressure And Under Protected.
An employee went on stress leave one month after she filed a claim with the Department of Fair Employment and Housing for ongoing sexual harassment. When her doctor cleared her to go back to work, her lawyer had an electronic conversation with the employer’s lawyer regarding assurances the employee wanted before she returned to work. The […]
Foreclosure In The United States Marine Corps.
Plaintiff, in the United States Marine Corps, took out a mortgage in 2007. Between 2008 and 2011, he was called up to active duty overseas three times, and failed to make all of his mortgage payments. The loan servicer began foreclosure proceedings in 2009; it rescinded the notice of default in 2010, but not the associated […]
Jurisdiction To Enter A Nunc Pro Tunc Judgment.
A husband and wife were orally granted dissolution of their marriage and the court reserved jurisdiction on all other issues. Two weeks later, the husband died, and three days after that, the court entered the written dissolution of marriage. Counsel for the deceased husband requested the court enter the judgment nunc pro tunc to a date […]
Factor At A Discount. Oh, What A Tangled Web We Weave.
A plaintiff was injured in a car accident and treated at first at Kaiser, and later at a surgery center on a “lien basis.” The bill for treatment at the surgery center was between $40,000 and $50,000. On the day of the surgery, the surgery center sold its account receivable and lien to a factor at […]
Stay Tuned CNN.
The Greater Los Angeles Agency on Deafness sued the Cable News Network, CNN, in federal court under California’s Disabled Persons Act [DPA; Civil Code section 54 et seq.] because the network does not caption all of the videos on its news web sites. After plowing through several constitutional issues and procedural matters, the Ninth Circuit requested […]
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