During jury selection in a robbery and murder case against a black man, the prosecutor used peremptory strikes to remove the first five black women in the jury box for jury selection. Ultimately the jury included one black woman. The California Supreme Court affirmed a judgment of death. Justice Werdegar and Justice Liu dissented. Justice Liu […]
A Local Ordinance Is Not A Statute Within The Meaning Of Government Code section 810.
The Internal Revenue Service, following several adverse court decisions, announced in 2006 that it would cease collecting the federal excise tax on long distance and bundled services and allow federal taxpayers to obtain a refund by checking a box on their federal tax returns. In August 2006, plaintiff served a demand on the City and its […]
Supreme Court Expands Attorney Duties To Previously Represented Client.
In an earlier case, Oasis West Realty LLC v. Goldman, the court of appeal held that a lawyer who had previously represented the plaintiff in a real estate permit application was not precluded from later engaging in political activity opposing the permit. The California Supreme Court reversed in Oasis West Realty LLC v. Goldman (Cal.Supr.Ct.; May 16, 2011) […]
Jurors Were Not Asked “Is This Your Verdict?”
In a criminal case, the jury advised the bailiff a verdict had been reached. Once all were assembled in the courtroom, the court asked: “And ladies and gentlemen, I understand you’ve reached a verdict. Who is the foreperson?” A juror responded: “Yes sir.” The court asked the juror to hand the verdict forms to the deputy, […]
Despite The Fact Its Corporate Powers Were Suspended When The Appeal Was Filed, So Long As Corporation Was Reinstated, Plaintiff Corporation Was Permitted To Continue With Its Appeal.
Before trial, defendants learned that plaintiff corporation’s corporate powers had been suspended by the State of California due to nonpayment of taxes and moved for the trial court to preclude plaintiff from offering any evidence at trial. The court denied the motion contingent on the corporation’s reviving its corporate powers. Later, the court entered judgment in […]
Corporations Code Section 2010 Does Not Apply To Foreign Corporations.
Corporations Code section 2010, provides in relevant part: “(a) A corporation which is dissolved nevertheless continues to exist for the purpose of winding up its affairs, prosecuting and defending actions by or against it and enabling it to collect and discharge obligations, dispose of and convey its property and collect and divide its assets, but not for […]
No Damages Under FEHA When Plaintiff Proves Unlawful Discrimination And Employer Proves It Would Have Made The Same Decision Absent Discrimination; But Plaintiff May Be Awarded Attorney Fees.
Plaintiff bus driver brought an action against a City, alleging she was fired because she was pregnant, in violation of the Fair Employment and Housing Act [FEHA, Government Code section 12940]. The City claimed she was fired for poor job performance. At trial, the City asked the court to instruct the jury that if it found […]
Consumer Protection Statute Does Not Apply To Online Services.
Apple, Inc. requested or required plaintiff to provide his address and telephone number as a condition of accepting his credit card as payment for online services. Civil Code section 1747.08 precludes requiring a consumer to provide personal information as a condition for accepting a credit card as payment for goods or services. In an earlier case, […]
Black Letter California Law On Parol Evidence Rule Rewritten.
The parol evidence rule protects the integrity of written contracts by making their terms the exclusive evidence of the parties’ agreement, except if there is fraud. In Bank of America v. Pendergrass (1935) 4 Cal.2d 258, 263, [48 P.2d 659, 661], the California Supreme Court adopted a limitation on the fraud exception: evidence offered to prove […]
Assumption Of The Risk Applies To Bumper Car Rides.
Toward the end of a bumper car ride at Great America amusement park, with plaintiff’s nine-year-old son at the wheel, and plaintiff as a passenger, plaintiff braced herself by placing her hand on the dashboard. Her son described that “something like cracked,” and plaintiff’s wrist was fractured. The California Supreme Court found: “We conclude the primary […]
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