A Chinese citizen testified in an immigration hearing she found she was pregnant with her second child one month after her husband’s death and was forced to have an abortion. She also testified that during a Christian service at her home in China, police raided her home and arrested her and the other home church attendants. […]
Preventing A Witness From Testifying Or Alternative Dispute Resolution.
A criminal defendant was charged with assault with a deadly weapon, among other crimes, after he punched a victim in the face and broke the windows of a car with a baseball bat while another victim was inside the car. The day before the preliminary hearing, defendant approached the victim he punched following prayer services at […]
21st Century Family Complications For A Presumed Father.
These are the facts: before baby Donald was born, his mother, Mary, married Roger, and it is Roger’s name on Donald’s birth certificate. Victor has never met Donald, who is now almost two years old, but Victor claims to be Donald’s father. Victor petitioned the superior court to establish his fatherhood. Mary moved to dismiss the […]
CHiP Wins Against CalPERS.
Until it was determined he was not able to perform the tasks required of an officer, plaintiff was a police officer with the California Highway Patrol [CHP]. The officer was treated for wrist and arm pain and a back condition. In 2004, he applied for the position of public affairs officer [PAO], which meant he was […]
Why Did The Mushroom Go To The Party? Because he’s a . . .
In a trademark infringement action, a wholly owned subsidiary of a Japanese company brought an action against another company for violating its rights to marks under which it markets its Certified Organic Mushrooms, which are produced in the USA. Plaintiff claimed defendant wrongly imported and marketed mushrooms under its marks for Certified Organic Mushrooms, but which […]
En Banc Opinion Changes Everything. No Fourth Amendment Protection In Hotel Registry Records.
Last year, we reported the following: No Fourth Amendment Protection In Hotel Registry Records. A Los Angeles City ordinance requires hotel operators to maintain certain registry information concerning guests, including their names, addresses and vehicle information, and to make the information available to police officers upon request. Motel operator challenged the ordinance, arguing it amounted to an unreasonable […]
Rick’s Rights Under The First Amendment.
Plaintiff Ricky Ross brought an action against defendant for misappropriating his name and identity. Plaintiff Ricky Ross first made a name for himself by selling cocaine; at the height of his operation, he sold as much as $3 million worth of cocaine a day. Meanwhile, defendant, a former correctional officer, used the stage name Rick Ross […]
Potato, Potahto, Tomato, Tomahto. . . Let’s Call The Whole Organic Thing Off.
A class representative plaintiff brought an action against a grower for allegedly mislabeling products as organic. Based on a preemption analysis, the trial court granted defendant’s motion for judgment on the pleadings. The appellate court affirmed, holding the Organic Food Production Act of 1990 [OFPA; 7 U.S.C. § 6501] precludes private enforcement through state consumer lawsuits […]
Twister Interferes With Clear Sailing Agreement.
The parties entered into a settlement agreement containing a “clear sailing” provision, which allowed class counsel to seek an award of attorney fees and incentive payment from the trial court with the assurance that defendant would not oppose, if the amount sought was less than or equal to an agreed amount. An additional clause required class […]
Bribe Of Public Officials Claimed.
In a matter involving allegations of bribing members of a board of supervisors to obtain their approval of a litigation settlement, the California Supreme Court held: “Whether the offeror is guilty of aiding and abetting the receipt of the bribe depends on whether there is evidence that, in addition to the offer or payment of the […]
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