We hold that [plaintiff] adequately alleged [the deputy D.A.] was liable for false imprisonment; we will also hold that statutory prosecutorial immunity [Government Code section 821.6] did not apply to the false imprisonment claim. However, the demurrer had to be sustained based on common-law prosecutorial immunity.
That Pile Of Documents Signed When Taking Out A Home Mortgage!
A homeowner sued the Federal Home Loan Mortgage Corporation “Freddie Mac” for breach of contract and breach of fiduciary duty. Freddie Mac had purchased the homeowner’s mortgage from the loan originator on the secondary market. The loan originator continued to service the loan and failed to pay the insurance premium from an escrow account which […]
Previously we reported: CHP Not A Special Employer Of Freeway Tow Truck Driver.
A tow truck driver who contracted with a county, part of the California Highway Patrol Freeway Service Patrol [FSP program], collided with a car, injuring the driver and her infant son. The CHP moved for summary judgment in the subsequent lawsuit on the ground it was not the tow truck driver’s special employer and therefore, […]
City Council Gone Wild.
A long-established restaurant sits in a trendy marina area that includes a number of restaurants, bars, residences and condominiums. A City’s planning commission voted to approve the restaurant’s conditional use permit to allow it to have a patio cover and remain open until 2:00 a.m. on weekends with dancing inside the restaurant. The idea was […]
Fees/Costs Order Reversed In Public Records Act Request.
After a child was rendered permanently disabled following an accident that occurred when she was in a crosswalk, her family hired counsel. Under the Public Records Act [Government Code section 6250, et seq.; PRA], counsel requested all evidence including photos, reports, audio logs, handwritten notes, surveys, complaint letters and emails with respect to the accident. When […]
Recognition Of A Foreign Judgment.
A trial court may recognize a foreign judgment under the Uniform Foreign-Country Money Judgments Recognition Act [CCP § 1713-1724]. But, despite the legality of 20 percent interest in the foreign jurisdiction, California may not enter a California judgment imposing postjudgment interest at a rate greater than ten percent. (Hyundai Securities Co., Ltd. v. Lee (Cal. […]
No Prohibition Of Recording Birth Date Of Person Who Buys Alcohol With A Credit Card.
Plaintiff filed a class action for damages under the Credit Card Act [Civil Code section 1747.08], one of the provisions of which prohibits businesses from requesting that cardholders provide personal identification information during credit card transactions. In the present matter, a business recorded the birth date of a customer who purchased alcohol with a credit […]
Unsuccessful False Advertising Claim Based On Misrepresentations In Commercial E-Mails.
Business and Professions Code section 17529.5 states it is unlawful to advertise in a commercial email when it contains or is accompanied by falsified, misrepresented or forged header information. The plaintiffs here brought an action under that statute on the theory the advertiser “sent them unsolicited commercial email advertisements purporting to be from ‘Proactiv Special […]
Necessity Of Private Enforcement Is A Required Element When Seeking Private Attorney General Fees.
Code of Civil Procedure section 1021.5, provides courts with the statutory authority to award attorney fees under a private attorney general theory to litigants who successfully pursue public interest litigation vindicating important constitutional rights. In this case, a plaintiff who received a large compensatory damage award for bad dental treatment made a postjudgment motion for […]
Mechanic’s Liens – An Attorney’s Perspective
Whether you are a property owner or a contractor trying to get paid for a project, you want to pay particular attention to the statutory framework governing mechanic’s lien law in California. If contractors do not comply, enforcing a mechanics lien can be difficult and this has important ramifications for both the property owner and […]
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