Plaintiff requested $22,585 in attorney fees and costs, but the district court awarded only $14,268.50 without explanation. The Ninth Circuit reversed and remanded the matter, stating that it “requires that courts reach attorneys’ fee decisions by considering some or all of twelve relevant criteria set forth in Kerr v. Screen Extras Guild, Inc., (1975) 526 F.2d 67,” […]
Suspension And Two-Year Probation State Bar Contends Hearing Officer Not Tough Enough On Lawyer.
The lawyer took his toddler for a walk and left his nine-month old alone and asleep in a crib for 40 minutes. He was convicted of misdemeanor child endangerment, and the State Bar hearing judge recommended a 120-day actual suspension subject to a one-year stayed suspension and two-year’s probation. Before the State Bar Court of California, […]
Diversity Jurisdiction Alleged On Information And Belief.
Plaintiff filed an action in federal court asserting federal diversity jurisdiction. The trial court dismissed it without leave to amend because plaintiff failed to allege the citizenship of any of the defendants who are limited liability companies. The court did not accept a proposed amended complaint because plaintiff pled its jurisdictional allegations on information and belief. […]
Can’t Sue Family Court Child Custody Evaluator For Malpractice.
In a protracted and acrimonious child custody battle, the mother brought an action against a psychologist acting as a family court child custody evaluator for breach of contract, negligence and intentional infliction of emotional distress. The defendant demurred, citing Civil Code section 47, the litigation privilege and asserted the common law privilege for quasi-judicial acts. The […]
Spousal Support When Domestic Violence Restraining Order Pending.
The trial court denied a wife’s request for spousal support pending the resolution of her application for a restraining order. Family Code section 6341(c) states in part: “If . . . no spousal support order exists, after notice and a hearing, the court may order . . . spousal support . . . the court shall […]
Courts Don’t Like Discovery Gotcha Tactics.
Discovery responses to requests for admissions [RFAs] were served four days late, subsequent to the responding party twice being ignored after requesting a two-week extension to respond. The requesting party moved the trial court to have all 119 RFAs deemed admitted pursuant to Code of Civil Procedure section 2033.280 (b). The court deemed discovery consisting of […]
Summary Judgment Reversed In Age Discrimination Employment Case.
From 1987 until she was discharged in 2008, at age 61, plaintiff worked at a hospital as a diet technician. She allegedly received the highest ratings until a new supervisor was hired in 2007 and thought plaintiff had numerous shortcomings on the job. In plaintiff’s employment action against the hospital, which included a claim of age […]
California’s Kin Care Law Meets ERISA And Is Not Preempted.
California’s Kin Care Law [Labor Code section 233] requires employers who provide paid sick leave to their employees to allow employees to use sick leave to care for family members. In this case, defendant, an airline, “seeks to avoid this state law obligation by the creation of an employee sick leave plan and trust, which [defendant] holds […]
Without An Undertaking Trial Court Erred In Staying Enforcement Of Judgment.
Judgment debtors argued they needed the court to stay enforcement of a judgment because there would be a setoff from the judgment once the trial against other defendants was concluded, and that prejudice would be suffered if the entire amount were collected from them. The trial court ordered enforcement of the judgment stayed pending trial against […]
Wards Qualify For Status As Special Immigrant Juveniles Under Welfare and Institutions Code Section 602 As Well As Dependents Under Welfare and Institutions Code Section 300.
Petitioner in a writ of mandate proceeding was born in Mexico in 1995,brought to the United States by his mother when he was five years old and never returned to Mexico. Three years later, his mother abandoned him; she died in 2010. He got in trouble with the law, was declared a ward of the juvenile […]
- « Previous Page
- 1
- …
- 77
- 78
- 79
- 80
- 81
- …
- 183
- Next Page »