The warning on a grinder read: “WARNING: To avoid the risk of serious injury, NEVER use this grinder with cup wheels and/or saw blades.” “WARNING: Never use any accessories other than those mentioned below. The use of any accessories other than those mentioned below or attachments not intended for use such as cup wheel, cut-off wheel, […]
Run Out Of Baggies? Warrantless Search Of Marijuana Is The Result!
Police seized a package from a private shipping company after a shipping employee contacted the police department to report that the package smelled of marijuana and had been dropped off for shipment to an Illinois address. Without a warrant, police opened the box and found 444 grams of marijuana. The California Supreme Court held the defendant’s […]
“ Putative Spouse ” Defined For Wrongful Death Actions.
Code of Civil Procedure section 377.60, provides that a wrongful death action may be brought by a decedent’s putative spouse and defines the putative spouse as “the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.” The Court of […]
Charter City Must Conduct Arbitration For Furlough Grievances.
A charter city adopted a mandatory furlough program for its civilian employees. Employees lodged grievances, arguing furloughs violated duly ratified memorandums of understanding [MOUs] with their union. The grievances were denied and the employees requested arbitration. The city refused to arbitrate, and the superior court granted the union’s petition for an order compelling the city […]
Riverisland Parol Evidence Holding Applied.
The parties entered into a restaurant lease agreement which contained an integration clause. When they did a walk-through, the lessor told the lessee “if anything was not working, he would fix it,” according to the lessee. There were significant problems with the equipment and plumbing and the restaurant closed after several months. The parties sued each […]
Two Successive Offers To Compromise Pursuant To Code of Civil Procedure Section 998.
The California Supreme Court considered whether a later Offer To Compromise made under Code of Civil Procedure section 998, extinguishes a previous Offer To Compromise for purposes of that section’s cost-shifting provisions. The court concluded “that where, as here, a plaintiff makes two successive statutory Offers To Compromise, and the defendant fails to obtain a judgment more favorable […]
Violation Of Hospital’s Bylaws In Denying Staff Privileges To Doctor “Not Material.”
A hospital made the decision to deny application for reappointment of a doctor to the hospital’s medical staff. The doctor filed an administrative writ petition in the superior court, which was denied by the trial court. The Court of Appeal reversed the trial court’s decision, finding the hospital’s bylaws precluded the Medical Executive Board from delegating […]
Jurors Watched Movie During Death Penalty Deliberations.
In a death penalty writ of habeas corpus, the California Supreme Court considered the declaration of a juror which stated: “I told the holdout jurors that if they wanted to understand what it was like in prison, they should watch the movie American Me. That is based on a true story. [¶] Two of the jurors […]
Union Entitled To Home Addresses And Phone Numbers Of All Represented Employees, Including Those Who Have Not Joined Union.
A union claimed it was entitled to obtain the home addresses and phone numbers of all represented employees, including those who have not joined the union. The California Supreme Court agreed that the union does have the right to that information, stating: “Whether the right to privacy under Article I, Section 1 of the California Constitution prohibits disclosure […]
Even Though Only A Daughter Was Sexually Abused By Her Father, Are All The Abuser’s Children Dependents Of The Juvenile Court, Both Sons And Daughters.
The words of the California Supreme Court speak for themselves: “[W]e must decide whether a father’s sexual abuse of his daughter supports a determination that his sons are juvenile court dependents when there is no evidence the father sexually abused or otherwise mistreated the boys, and they were unaware of their sister’s abuse before this proceeding […]
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