Following confirmation of an arbitration award, the trial court awarded defendants $19,826 in costs and later $158,471.25 in attorney’s fees. Plaintiff filed a chapter 13 bankruptcy petition which listed the trial court’s cost award, but not the attorney fee award. Defendants filed their proof of claim in the bankruptcy court, listing both the costs and the […]
Government Informant…The Man Of The Hour.
The informant formerly belonged to a group who perpetrated home invasions. The group dressed in law enforcement uniforms and used a stolen law enforcement battering ram to break down locked front doors. He informed on his associates and received a lighter sentence. Less than a month after his release, the informant was caught stealing, and offered […]
After-Acquired Evidence Doctrine Inapplicable.
Plaintiff, an African American, twice applied to become a union organizer, but both times the position was filled by white men. He filed a discrimination complaint with the Department of Fair Employment and Housing, and received a right to sue letter. He then filed an employment discrimination action. During discovery, he admitted he had been convicted of […]
No Compensation Or Indemnity In California For WNBA Athlete.
Athlete was drafted by the Cleveland Rockets, a professional basketball team in the Women’s National Basketball Association, WNBA. She later played for other teams, but never for any team in California. She played only one game in California, in 2003. She filed for Workers’ Compensation in California, alleging cumulative injuries, and was awarded disability indemnity. The […]
Trademark Infringement – Smoke Got In Their Eyes.
In a trademark infringement claim involving the vocal group, The Platters, the Ninth Circuit considered whether the likelihood of irreparable harm must be established, rather than presumed, by a plaintiff seeking injunctive relief in the trademark infringement context. The appeals court decided a showing was required and reversed the district court’s grant of an injunction. (Herb Reed […]
Where Man Was Subjected To Persecution In Russia Because He Is Homosexual Ninth Circuit Grants Review In Case.
The Board of Immigration Appeals dismissed a man’s appeal from an order denying his application for asylum. He contends he has a wellfounded fear of future persecution if he is removed to Russia because he is a homosexual. The immigration judge had concluded the man did not carry his burden of demonstrating the Russian government was […]
A Class Action Case Removed To Federal Court Stays There Absent Evidence The Matter Is One Of Local Controversy.
Plaintiff filed a class action against defendants in state court, alleging violations of various provisions of state law relating to automobile contracts. Defendants removed the matter to federal court. Presenting no evidence, but arguing the way the class was defined in the complaint supported the request, plaintiff requested the federal trial court to return the matter […]
No Code of Civil Procedure section 128.7 Sanctions For Proceeding With Arbitration.
At the time the trial court confirmed an arbitration award in favor of defendants, it also denied a separate defense motion for sanctions made under Code of Civil Procedure section 128.7 for advancing frivolous claims. The appellate court noted the primary purpose of section 128.7 is deterrence of filing abuses, not to provide compensation for those […]
Sometimes A Legal Malpractice Action May Be Assigned.
Pursuant to Goodley v. Wank & Wank, Inc. (1976) 62 Cal.App.3d 389, [133 Cal.Rptr. 83], a legal malpractice action may not be assigned in California. In the present matter, the trial court determined an assignee plaintiff lacked standing in a legal malpractice action and entered a judgment of dismissal. Finding the usual public policies concerns were not at […]
Violation Of State Bar Rules Of Professional Conduct Court Sanctions Reversed.
A lawyer was sanctioned $43,000 under California Rules of Court, rule 2.30(b) for violating the California State Bar Rules of Professional Conduct by negligently hiring an attorney ineligible to practice law to assist her by acting as counsel at trial. In reversing, the appellate court stated: “As rule 2.30(b) does not authorize sanctions for violations of the Rules […]
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