In California, an individual with a disability who is between 18 and 22 years of age and has not yet earned a regular high school diploma is entitled to continue to receive special education and related services. The California Supreme Court posed and answered the question whether California Education Code section 56041, which provides generally that […]
The Telecommunications Act of 1996 “TCA”: What Do You Say To A Telephone Company When It Wants To Install An Antennae In A City Park? “Hi, My Name Is NIMBY.”
Cities have authority to enter into licenses of city-owned property. But in 1990, a charter city passed a measure which amended the city charter to place limits on the use of city-owned property: “No. . . structure costing more than $100,000 may be built on or in any park or beach or portion thereof . . […]
Big Difference For Real Estate Agent When Criminal Conviction Is Dismissed “In The Interests Of Justice” Under Penal Code Section 1385 Than When It’s Expunged Under Penal Code Section 1203.4.
In January 2009, a licensed real estate agent pleaded no contest and was convicted of misdemeanor hit and run with property damage in violation of Vehicle Code section 20002(a). In April 2010, after negotiations with the district attorney, the court granted the real estate’s motion to set aside her no contest plea. The court also granted […]
Hiring Decision Involved Exercise Of Free Speech.
Plaintiff filed a discrimination complaint alleging that CBS Broadcasting refused to hire him as a weather news anchor because of his gender and age. CBS filed a motion to strike the complaint pursuant to the anti-SLAPP statute [Code of Civil Procedure section 425.16], arguing that its selection of a newscaster qualified as an act in furtherance […]
Abuse Of ERISA Pension Plan.
In a marital dissolution action, the husband [who is also a lawyer] claimed that pursuant to the Employee Retirement Income Security Act [ERISA; 29 U.S.C. § 1001], his pension plan was exempt from levy on a writ of execution to pay his spouse’s attorney for attorney fees. The court rejected his argument “on the ground there […]
Argument Is Not Evidence For Damages Award.
In a wrongful termination action, plaintiff’s lawyer stated in closing argument that plaintiff suffered $44,000 in lost wages for the eight months he was unemployed. This is what the jury’s verdict form said: “Past economic loss: lost salary $198,000.00 “lost bonuses $ 0 “Past mental suffering, emotional distress $ 0 “Future mental suffering, emotional distress $ […]
Still Pursuing Art Stolen By Nazis.
Plaintiffs allege their ancestors “were a well-known Jewish family that played a prominent role in Germany’s economic and cultural life” and purchased a painting of artist Camille Pissarro in 1898. As a condition to leaving Germany in 1939, the family was required to surrender the painting to the Nazis. In 1943, the painting was sold to an […]
Foreign Sovereign Immunities Act (FSIA) Decision Reversed By Ninth Circuit En Banc.
Last year we reported the following: No Jurisdiction. Plaintiff brought an action against an Austrian-owned railway as a result of her attempting to board a moving train in Innsbruck. She purchased a Eurail pass in California from Rail Pass Experts, a company based in Massachusetts. When attempting to board the train, she fell to the tracks through […]
Decertified Class Ordered Recertified.
Allstate Insurance Company changed the classification of its auto field adjusters from salaried employees to hourly employees in response to litigation challenging their misclassification as employees exempt from protection of overtime wage laws. After the change, Allstate presumed that an adjuster’s workday begins with the first appointment as set by the Work Force Management System. Plaintiff […]
Unexpected Consequences In Removing Employment Case To Federal Court.
Plaintiff brought a discrimination action against her employer under California’s Fair Employment and Housing Act [FEHA; Government Code section 12900]. Defendant removed the action to federal court on the basis of diversity of citizenship. A jury awarded plaintiff $27,280 for gender discrimination, and the court awarded $697,971.80 for attorney fees. The sole basis of the employer’s […]
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