Vehicle Code section 21455(b) requires a public announcement and a 30-day period of warning devices with respect to a camera that records a traffic violation. The issue in the present case, heard by the California Supreme Court, is whether the statute refers only to the first installation of a red light camera by a city, […]
California Safe Drinking Water and Toxic Enforcement Act of 1986; The Sky Is Falling!
Plaintiff, who describes itself as a nonprofit organization “committed to promoting a safe and healthful diet and to protecting consumers from food and drink that are dangerous or unhealthful,” filed an action seeking injunctive and declaratory relief and civil penalties against seven chain restaurants alleging their grilled chicken created a chemical called PhIP, which appears […]
No Civil Immunity For Serving Alcohol.
At common law, the rule was that the consumption of alcohol, not the service of alcohol, was the proximate cause of any resulting injury. In 1976, the California Supreme court in Vesely v. Sager (1971) 5 Cal.3d 153, [486 P.2d 151, 95 Cal.Rptr. 623] (Superseded by statute), held that sellers or furnishers of alcoholic beverages could […]
Lease Survives Foreclosure.
Plaintiffs had rented space in a converted garage unit for several years when the residential property was foreclosed upon by a bank. The trial court granted the bank’s motion for summary judgment based on its determination the foreclosure sale extinguished plaintiff’s lease. Citing the Protecting Tenants Against Foreclosure Act of 2009 [PTFA; Pub.L. 111-22, Div. A, […]
Potato, Potahto, Tomato, Tomahto. . . Let’s Call The Whole Organic Thing Off.
A class representative plaintiff brought an action against a grower for allegedly mislabeling products as organic. Based on a preemption analysis, the trial court granted defendant’s motion for judgment on the pleadings. The appellate court affirmed, holding the Organic Food Production Act of 1990 [OFPA; 7 U.S.C. § 6501] precludes private enforcement through state consumer lawsuits […]
Bar Exam Scores A Matter Of Public Interest.
Plaintiffs requested the State Bar provide them access to information contained in its bar admissions database, including applicants’ bar exam scores, law school attended, grade point averages, LSAT scores, and race or ethnicity “in order to conduct research on racial and ethnic disparities in bar passage rates and law school grades.” The California Supreme Court held: […]
Freedom Of Information Act Doesn’t Cover Everything.
Plaintiff is in the real estate business. After the U.S. Department of Housing and Urban Development [HUD] received complaints that plaintiff violated the law, plaintiff requested the names of the complainants under the Freedom of Information Act. HUD and the federal trial court invoked Exemption 6 of the Act, and redacted the names of the complainants […]
Case Of Guantanamo Bay Detainee Dismissed.
Plaintiff, a citizen of Sudan, alleged he was detained in Pakistan in 2002 by Pakistani security forces acting under the direction of an unknown American official. He claimed he was transferred to United States Military custody, first at Bagram Airfield in Afghanistan and then at Guantanamo Bay. In 2005, it was determined that, while he was […]
I Can’t Believe It’s Not Butter.
Plaintiff brought an action against a food manufacturer and a grocery chain for product mislabeling in violation of California Milk and Milk Products Act of 1947 [Food & Agricultural Code section 32501; MMPA] alleging products called “spreadable” butter are not butter. Defendants contend the action is preempted by federal food labeling standards. The trial court found […]
Dept. Of Industrial Relations Estopped From Claiming Cosmetologists Are Employees After Labor Commissioner Found Them To Be Independent Contractors.
An administrative law judge concluded cosmetologists were independent contractors, and, therefore several salons were not liable for contributions for unemployment, employment training and disability as well as personal income tax withholdings along with penalties and interest. Nonetheless the Commissioner acting through the Division of Labor Standards, an entity within the Department of Industrial Relations [Labor Code […]