County asked for extraordinary relief after the trial court denied its motion for summary judgment. The action alleges a violation of a duty to warn of the violent tendencies of a person placed in a care facility. The conservatee injured one person and killed another. The County argued it was absolutely immune under Welfare and […]
Wrongful Termination Claim Against Hospital Dismissed.
Plaintiff sued a hospital for wrongful termination in violation of public policy because it allegedly violated Labor Code §132a, which generally prohibits discharging an employee for filing a workers’ compensation claim, and for defamation because the hospital told others why she was fired. The trial court dismissed her claims pursuant to different motions brought by […]
Hospital Records Of Its Institutional Review Board Exempt From Discovery.
Trial court ordered hospital to answer interrogatories and provide documents concerning information held only by its Institutional Review Board [IRB]. Court of Appeal granted a writ for extraordinary relief, holding IRB records to be exempt from discovery under Evidence Code §1157 because, even though the committee includes community members who are not physicians, it is […]
Discrimination In Housing.
Defendants, who owned rental dwellings, were sued by the U.S. Justice Department for violation of the Fair Housing Act [42 U.S.C. §3604(a)-(d)] for refusing to rent to non-Korean tenants, refusing to rent to African Americans, refusing to rent to families with children and advertising with a preference for Korean tenants. They tendered the defense of […]
No Mandatory Duty To Capture And Take Pit Bulls Into Custody.
One afternoon, three boys were walking home from school when two pit bulls attacked and seriously injured one of them. A lawsuit was brought against the dogs’ owner, the landlord and the County of Los Angeles. Among other allegations, the complaint alleged the county had received nine complaints the pit bulls had jumped the fence […]
Defamation, Invasion Of Privacy, Unfair Business Practices, Causes Of Action And Service Of §425.16 Anti-SLAPP Motion.
A genetics company publicly admitted that research was mishandled vis-à-vis previously reported results of studies for a diagnostic test for fetal Down Syndrome. Plaintiff alleges he resigned after he was made an offer “that if he resigned as chief financial officer, he would not be associated with the mishandling and would be separated from others […]
City Enjoined From Outsourcing.
The plaintiff, a union representing city employees, brought an action against the City for injunctive relief based upon a proposed outsourcing plan and layoff notices sent to over 100 employees. The trial court granted a preliminary injunction enjoining the City from contracting with a private entity for any of the services that are performed by […]
Summary Judgment Reversed In Foreclosure Case.
Plaintiff alleges she realized something was wrong with the loan on her home when she saw her signature was forged on a few of the loan documents. She hired a handwriting expert who confirmed some of the documents were not signed by her. She immediately brought the issue to the attention of the lender savings […]
Usual Legal Rate Of Interest Not Used In Criminal Forfeiture Proceeding.
A criminal defendant was convicted of various drug charges. The police confiscated a lot of drugs and $10,153.38 in cash from his hotel room. The man claimed he earned the cash by selling candy, cigarettes and sodas from his room. In forfeiture proceedings, he was awarded $12,601.33, which represents the money seized plus the interest […]
Restaurant Obviously Didn’t Like The A.D.A. Suit.
A disabled man filed a complaint for damages and permanent injunctive relief against a restaurant because of alleged violations of the Americans with Disabilities Act [42 USC §12182(b)(2).] The restaurant filed a general denial and a cross-complaint alleging the disabled man and his attorney were liable under Government Code §12651(a)(7) of the California False Claims […]
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