A four-year-old drowned in the pool of a home friends of his family rented. His parents brought an action against the homeowners and the property management company. The trial court granted defendants’ motion for summary judgment on the ground defendants owed no duty of care to a guest of the tenants. With regard to the […]
A Foster Child Alleged Molestation But Government Claim Was Not Timely Filed.
A foster child alleged molestation by the foster father for two months during 2009, but now contends the cause of action against the county did not accrue until March, 2012 after legal counsel obtained an police investigator’s follow-up report dated January 14, 2011. A government claim was filed in May 2012. The minor disclosed the molestation […]
Can’t Sue Family Court Child Custody Evaluator For Malpractice.
In a protracted and acrimonious child custody battle, the mother brought an action against a psychologist acting as a family court child custody evaluator for breach of contract, negligence and intentional infliction of emotional distress. The defendant demurred, citing Civil Code section 47, the litigation privilege and asserted the common law privilege for quasi-judicial acts. The […]
Wards Qualify For Status As Special Immigrant Juveniles Under Welfare and Institutions Code Section 602 As Well As Dependents Under Welfare and Institutions Code Section 300.
Petitioner in a writ of mandate proceeding was born in Mexico in 1995,brought to the United States by his mother when he was five years old and never returned to Mexico. Three years later, his mother abandoned him; she died in 2010. He got in trouble with the law, was declared a ward of the juvenile […]
National Childhood Vaccine Injury Act.
The National Childhood Vaccine Injury Act (42 U.S.C. §300aa-22(b)(1)) provides that vaccine manufacturers shall not be liable in a civil action for injury or death associated with the administration of the vaccine. In Bruesewitz v. Wyeth, LLC (U.S. Sup. Ct.; February 22, 2011) 131 S.Ct. 1068, [179 L.Ed.2d 1], the parents of a child allegedly disabled […]
Child Abuse: Spare The Rod And Spoil The Child?
The mother of a 12-year-old girl was reported for child abuse after she spanked her daughter, using a wooden spoon with enough force to produce visible bruises. Social Services “substantiated” the report and submitted it to the Department of Justice for inclusion in the Child Abuse Central Index [CACI] under the Child Abuse and Neglect Reporting […]
Orgasm “Merely A Physiological Reaction To Physical Stimulation” Testimony Properly Received In Child Molest Case.
Defendant was convicted of molesting his step-daughter while his wife was out of the country. The victim said defendant has a bad temper and kept guns in the house, and she was afraid he would get angry if she refused. She said that although she experienced orgasms when he orally copulated her, she received no enjoyment. A prosecution […]
What’s The Juvenile Court To Do With Truants. . . .Ferris Bueller’s Day Off?
A 15-year-old is a habitual truant; he missed 255 school periods without a valid reason. He was declared a ward of the juvenile court. The court directed him to reside in the home of his parents, attend school daily, comply with a 6:00 p.m. curfew and not stay away from home overnight without permission of probation […]
Morphed Images = Sex Offender Registration For Life.
Defendant was convicted of possession of child pornography and sentenced to 90 days in custody, 36 months probation, a $17,000 fine and must register in sex offender registration for life. On appeal, defendant claimed some of the photographs were innocent images of children which were digitally altered or “morphed,” which often means they were created by […]
Deaf Or Hard Of Hearing Students Want To Follow Along With Classroom Discussions.
Through their parents, two deaf or hard of hearing public education students in different parts of California requested help to follow classroom discussions through Communication Access Realtime Translation [CART], a word transcription service similar to court reporting in which a trained stenographer provides real-time captioning that appears on a computer monitor. In both situations, the school […]