The director of a clinical laboratory informed executive staff and owners of the lab that there were numerous violations of state and federal laws in the lab’s operations. The director was terminated, and thereafter, filed suit alleging violation of Labor Code section 1102.5. The trial court sustained defendants’ demurrer because the plaintiff did not exhaust […]
No Administrative Appeal Right After Police Officers Transferred To Another Assignment.
LAPD robbery/homicide lieutenant, with 23 years of experience on the force, was counseled for a lack of supervisory skills. When the situation did not improve, it was determined that either the lieutenant had to make significant changes to interpersonal skills, or a significant number of subordinates would leave the section. Retaining rank and pay, the […]
Pharmacist Loses His License.
Plaintiff is a pharmacist who appeals from a judgment denying his petition for writ of mandate in the trial court. His petition sought to overturn a decision by the California State Board of Pharmacy revoking his license to operate a pharmacy. An Accusation was filed by the Board which contended the pharmacy unlawfully received nearly […]
“Violence Is One Of The Most Fun Things To Watch.” Quentin Tarantino.
A student at the University of California San Diego hit another student with his fist, causing the other student to fall to the ground, a loss of consciousness and a concussion. A student conduct review board did not recommend suspension, but the Council of Deans imposed a suspension for two quarters. The aggressive student filed […]
Judges Gone Wild.
Two judges were publicly censured for sexual misconduct. An Orange County judge engaged in sexual activity in his chambers on multiple occasions. (In the matter concerning Judge Scott Steiner (Comm. On Jud. Perf.; September 2, 2014). A Kern County judge had an intimate relationship with a court clerk and resisted efforts to reassign the clerk to another courtroom. […]
Failure To Exhaust Administrative Remedies Under FEHA Does Not Affect Subject Matter Jurisdiction Of Court And No Need To Prove Employer Had 5 Or More Employees Under FEHA For Harassment Based Upon Sex.
Apparently plaintiff did not like being hugged and patted on her behind by her boss. After a judge awarded plaintiff $60,000 against her former employer for sexual harassment, the defendant employer appealed, arguing plaintiff never proved she exhausted her administrative remedies or that the employer had at least five employees. The appellate court affirmed, stating: […]
Tentacles Of Bank Failure Reach Wrongful Termination Case.
When a bank failed, the Federal Deposit Insurance Corporation [FDIC] promptly published notices informing creditors where, when and how to file claims against the failed bank. Six months after the end of the time to file a claim, plaintiff filed his wrongful termination action against the failed bank. The takeover bank successfully moved to compel […]
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: […]
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 […]
State Bar Court Recommends Disbarment.
Disbarment was recommended for a lawyer admitted to practice law in California, but not in any other state, by the California State Bar Court, for the unauthorized practice of law in nine other states. He performed contract work for consumer debt companies which advertised through television and radio ads in a number of states. Clients were required […]