Plaintiff, a maintenance worker, was using a power drill to drill a hole in a piece of angle iron when the drill bit bound and the drill counter rotated, twisting his arm and causing serious injuries. His theory at trial was that the drill should not have been used without a side handle, and that it […]
Shine The Light Law.
Civil Code § 1798.83 [STL; The Shine The Light Law] and Business and Professions Code § 17200 [UCL; The Unfair Competition Law] were at issue in a matter where plaintiff, an internet subscriber who wanted to engage in fantasy football, baseball and basketball, provided his name, email address, date of birth and zip code on the website, […]
Dementia Is A ‘Mental Disorder’ Under The LPS Act.
An 83-year-old man shot and killed the handyman who came to fix the garbage disposal. He was charged with murder and he was found to be incompetent to stand trial. Doctors reported he suffered from “dementia of the Alzheimer’s type.” The superior court ordered the public guardian to petition for a conservatorship and to act […]
If You Shoot At The King, Best Not To Miss.
On March 18, 2013, the clerk of court notified the parties their case was assigned to a certain judge. On April 3, counsel for one of the parties faxed an affidavit of prejudice concerning that judge pursuant to Code of Civil Procedure section 170.6 to the court’s “central fax filing office.” On May 14, counsel inquired about […]
Thought And Attention Needed For Calculating Time To File An Appeal.
The court granted defendant’s motion for summary adjudication on June 27, 2012. On September 10, 2012, plaintiff filed a request for dismissal of the remaining causes of action. On April 16, 2013, a “Judgment by the Court Under Code of Civil Procedure section 437c” was filed by plaintiff. On May 6, 2013, plaintiff filed a notice […]
Obstruction Of Easement.
An easement for ingress and egress across property was granted in 1942. More than 60 years later, plaintiff began improvements to the easement to gain easier access to plaintiff’s property, and defendant complained about the work being done on his property. A stop-work order was issued and plaintiff’s permit was revoked. Defendant refused to sign an agreement […]
Bar Exam Scores A Matter Of Public Interest.
Plaintiffs requested the State Bar provide them access to information contained in its bar admissions database, including applicants’ bar exam scores, law school attended, grade point averages, LSAT scores, and race or ethnicity “in order to conduct research on racial and ethnic disparities in bar passage rates and law school grades.” The California Supreme Court held: […]
Intentional Interference Or “Never Attempt To Win By Force What Can Be Won By Deception.” Niccolo Machiavelli.
A Japanese corporation developed a drug to treat pulmonary arterial hypertension [PAH]. The company entered an agreement/license with a California-based company to develop and commercialize its drug in North America and Europe. Meanwhile, a Swiss corporation acquired the California-based company. BTW, did I mention the Swiss company also markets a drug to treat PAH? Once it […]
Double Recovery.
Plaintiff, a bus driver for the County, filed a motion in the superior court seeking to have her disability retirement effective date as the day after she last received regular compensation, not when her workers’ compensation temporary disability pay period expired. The trial court entered an order stating her disability retirement was effective “the day following […]
Conspiracy Allegations To Go Back Into Fraudulent Estate Planning Pleading.
In the same action, but in a separate appeal, the law firm convinced the trial court to strike all conspiracy allegations from the plaintiffs’ pleading because Civil Code section 1714.10 bars the action. Civil Code section 1714.10, was enacted to combat “the use of frivolous conspiracy claims that were brought as a tactical ploy against attorneys […]
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