Plaintiff was fired because his employer thought he was misusing his leave time by working in a restaurant he owned. The arbitrator denied his claim, finding the employer based its action on an honest belief. The trial court denied plaintiff’s motion to vacate the arbitrator’s decision. The appellate court reversed, stating: “The honest belief defense […]
Trial Court Erred When It Reduced The Size Of Easement.
The configuration of a property was changed over the years after an easement across it had been granted. Based on all the changes and the present needs of present property owners, the trial court ruled “the reasonable requirements of the Barlow Parcel both presently and in the future do not require the full size and […]
Without A License, Contractor Worked For Nothing.
A tribal corporation brought suit against a contractor for the return of funds it paid for work, alleging the contractor was not licensed. The trial court granted summary judgment in favor of the tribal corporation. The Court of Appeal found the trial court abused its discretion when it summarily sustained all 39 of the tribal […]
Contract May Require Written Notice Of Failure To Perform On Time, Even When Delay Is The Other Party’s Fault.
To avoid late completion charges, Civil Code §1511 allows parties to specify in a contract that a party intending to avoid the effect of its failure to perform must assert in writing within a reasonable time that the other party’s act caused the failure. Here the court refused to consider whose fault the delay was […]
Patient May Pursue Doctor For More Than Malpractice.
Trial judge granted doctor summary judgment for alleged medical malpractice, but, denied summary judgment for a negligent maintenance claim after a laser machine emitted “a loud booming sound” that resulted in hearing loss. The California Supreme Court’s decision in Flowers v. Torrance Memorial Hospital (1994) 8 Cal.4th 992, [884 P.2d 142; 35 Cal.Rptr.2d 685] does […]
Oral Testimony In A Law & Motion Matter.
The trial court concluded an arbitration clause was susceptible to conflicting interpretations with respect to scope. It considered extrinsic evidence with respect to the intent of the parties, and received oral testimony at the motion. The appellate court found the court acted within its discretion. Burch v. Premier Homes, LLC (Cal. App. Second Dist., Div. […]
Statement Of Decision In A Law & Motion Matter.
Civ.Proc. §1291 states: “A statement of decision shall be made by the court, if requested pursuant to Section 632, whenever an order or judgment, except a special order after final judgment, is made that is appealable under this title.” But when a party requested the court to issue a statement of decision at the time […]
Sleeping With The Enemy.
For years, the wife read books about divorce, money and using false criminal accusations against a spouse in a divorce proceeding. Eventually she reported to the sheriff that her husband threatened to kill her and their children. The husband was criminally prosecuted for making terrorist threats and found not guilty. He filed a malicious prosecution […]
No Need To Sacrifice More Trees.
The appellate court reversed grant of summary judgment against a plaintiff in a medical malpractice action. The trial court granted it because plaintiff’s expert declaration did not attach the materials the expert consulted in reaching his opinion, as required by Garibay v. Hemmat (2008) 161 Cal.App.4th 735, [74 Cal.Rptr.3d 715]. But the materials the expert relied […]
How Do You Spell C-I-V-I-L-I-T-Y?
One party asked for documents in March, 2007. The other party provided only objections to the discovery request. The court ordered production. A year and a half later, 30,600 documents were produced. Alas, entire categories of requested documents were withheld. Many meets & confers later, the requesting party moved to compel compliance with the court’s […]
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