In Wills v. The Sup. Ct. of Orange County (Cal. App. Fourth Dist., Div. 3; April 13, 2011) (As Mod., May 12, 2011) 194 Cal.App.4th 312, [2011 DJDAR 5338], an employee of the Superior Court suffered from bipolar disorder. During a manic episode she threatened fellow employees and others. The Court discharged her for this conduct and she sued, […]
U.S. Supreme Court holding on preemption of class action waivers does not apply to representative actions under Private Attorney General Act.
In AT&T Mobility LLC v. Concepcion (2011) 131 S.Ct. 1740, [179 L.Ed.2d 742], the U.S. ff.). In Brown v. Ralphs Grocery Company (Cal. App. Second Dist., Div. 4; July 12, 2011) (As Mod. July 20, 2011) 197 Cal.App.4th 489, [2011 DJDAR 10523], plaintiff sued for alleged violations of the Labor Code, asserting both a class action cause of action […]
When Trying To Effect Service Of Process In Unlawful Detainer Cases What Is “Reasonable Diligence?”
Code of Civil Procedure section 415.45, provides that summons may be served on an unlawful detainer defendant by posting it on the premises, along with notice sent by certified mail to that address, if the court determines that “the party to be served cannot with reasonable diligence be served in any manner specified in this article [i.e., […]
Is There A Duty Of Care To Secure Cargo To Prevent Tragedy On The Highway?
A CHP officer stopped a car, and the two were parked on the right shoulder of a freeway. Meanwhile, another man was proceeding along the freeway with two dirt bikes strapped inside his truck bed. The bikes were strapped down by employees of a motorsports dealership. The bikes were “hopping around a little bit,” and the […]
Watch Out For That Nonsettling Party!
In a construction defect case, a homeowners association settled with all but one party, a roofing company. After the settling parties signed the settlement agreement, one of the defendants dismissed its cross-complaint against the nonsettling party, mailing its written notice of dismissal on July 14, 2011. The nonsettling party filed a cost bill on August 2, […]
Allegations Of Breach Of Professional And Ethical Duties Against Lawyer.
A lawyer, who was co-founder of a firm, resigned from the law firm after an internal dispute. Five days prior to the effective date of his resignation, he remotely accessed the law firm’s document management system and spent several hours reviewing certain files relating to real estate transactions. Five months afterwards, one of the law firm’s […]
Parties May Reserve Issue Of Prevailing Party In Settlement Agreement.
The parties to a litigation settled their dispute pursuant to a written settlement agreement, which stated: “This Settlement Sum is exclusive of attorney’s fees and costs. . . . [¶] [Plaintiff] shall apply to the Court by way of a motion for such attorney’s fees and costs incurred in the Action pursuant to California Civil Code […]
An Expert’s Dilemma In Reporting Child Abuse.
At issue here are two divergent legislative schemes: 1) An expert engaged to assist a lawyer in representation of a client is obligated to maintain the confidentiality of client communications. [Evidence Code sections 912 and 952.]; 2) Under the Child Abuse and Neglect Reporting Act [CANRA; Penal Code section 11164, et seq.], psychiatrists, psychologists, clinical social […]
Seeking Lower Rates From A Court Reporter Must Be Done In Original, Not A New, Action.
In a construction defect action, the plaintiff added a defendant to the action after 57 depositions had been taken. The new defendant requested copies of those 57 depositions, and the court reporter quoted $2 per page, or $16,000. The new defendant offered to pay $30 flat rate in exchange for a computer disc containing uncertified copies […]
Bad News For Marijuana Shops.
The City of Riverside declared by zoning ordinances that a medical marijuana dispensary is a prohibited use of land within the city and may be abated as a public nuisance. Invoking these provisions, the City brought a nuisance action against a medical marijuana facility operated by defendants. The trial court issued a preliminary injunction against the distribution […]
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