Defendant sold his stock in Crave Entertainment Group to Handleman Company. As part of the stock purchase agreement, defendant signed a three-year covenant not to compete. At the same time, he signed an employment contract with Crave, by then owned by Handleman. The employment agreement contained a one-year covenant not to compete which would become […]
Supreme Court Denied Review In Order For Juror To Disclose Facebook Posts.
A few months ago, we reported on a unique order involving a juror and his Facebook posts. The California Supreme Court just denied review, so the case stands. Juror Number One v. Sup. Ct. (Royster) (Cal. Sup. Ct.; August 22, 2012) (Case No. S203713). Here is what we previously reported: Following a criminal conviction, the […]
Actress, Lisa Kudrow, “Pheobe” On Friends, Was Sued By Her Personal Manager. The Manager’s Expert’s Declaration In Opposition To Kudrow’s Motion For Summary Judgment Raised Questions Of Fact; Summary Judgment Reversed.
An entertainer (Lisa Kudrow) terminated the services of her personal manager, and the trial court granted summary judgment in favor of the entertainer after the manager brought a breach of contract action claiming he should continue to receive a percentage of her income pursuant to custom and usage in the industry. The trial judge excluded […]
Unsettled Issue Provided Justification For Opposing A Motion; Sanctions Against Client And Lawyer Reversed.
A deponent’s wife was sued for allegedly causing severe personal injuries when she struck a woman on a bicycle while she was driving her car. In separate criminal proceedings, the deponent’s wife pled guilty to felony driving under the influence of prescription medications. At the deposition, the deponent was asked certain questions which raised a […]
Right To A Jury Trial.
Insurance company agreed to continue paying disability payments while it investigated whether or not insured was totally disabled. At the conclusion of its investigation, the insurance company filed a declaratory relief action. The insured asked for a jury trial, and the insurance company prevailed upon the trial court to deny the request because it was […]
No Wrongful Termination When Contract Not Renewed.
Actress brought suit for wrongful termination after her contract for a sixth season of a television show was not renewed. The trial court denied defendant’s motion for a directed verdict, and defendant sought extraordinary relief. The Court of Appeal granted the petition, stating: “A cause of action for wrongful termination in violation of public policy […]
Nurse Loses License And Files Petition Too Late.
Registered Nurse lost her license and challenged the decision in a petition for writ of administrative mandate under CCP §1094.5. The Board of Registered Nursing demurred, and the trial court dismissed because the petition was untimely. On appeal, the nurse contends she did not learn of the revocation until after the period for filing the […]
Private Right Of Action Exists.
Class of current and former patients of skilled nursing facilities brought action under Health and Safety Code §§ 1276.5 and 1430(b), alleging defendants had a pattern and practice of systematically understaffing its facilities. The trial court sustained defendants’ demurrer without leave to amend, finding regulatory statutes were involved and no private cause of action was […]
Whistleblower Case Not Subject To Anti-SLAPP Motion To Strike.
A doctor reported to hospital authorities that some nurses who worked with him at a medical center failed to follow his instructions. In some instances, he believed the nurses endangered patients’ lives. One nurse refused to follow his order to shock a patient with defibrillator paddles. Another disobeyed his order to transfer a patient to […]
Revocation Of Chiropractor’s License Upheld.
Superior court denied a petition for writ of administrative mandate brought by a chiropractor who contended the State Board of Chiropractic Examiner’s decision to revoke her license was not supported by the evidence, and that she was denied a fair hearing. The chiropractor was convicted of seven misdemeanor violations of presentation of fraudulent claims for […]