During litigation, a public entity inadvertently produced documents which appeared in its privilege log. When it discovered its mistake, the public entity demanded their return and an agreement the documents would not be relied upon in any way. The receiving party declined, contending the public entity waived any claim of privilege. The trial judge concluded […]
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 […]
Rent Control.
A landlord converted a rent-controlled apartment building to condominiums, obtained a new certificate of occupancy in 2009 based on the change in use, and raised the rent. When a tenant objected, the landlord sought a declaration from the court that the unit was exempt from local rent control ordinances under the Costa-Hawkins Rental Housing Act […]
Doesn’t Matter If Litigant Has The Money To Pay. If Someone Is On Public Assistance, Courts Must Give Them A Free Ride And Waive Court Fees.
A woman’s fee waivers were denied by the trial court, after the court concluded that, even though she received public assistance, she had other sources of money. In reversing, the appellate court stated: “There is nothing in the court’s orders or findings to suggest the court did not believe appellant was receiving public benefits. The […]
The Complex World Of Government Claims.
The Judicial Council asked the appellate court to mandate the trial court to grant its summary judgment motion because plaintiff, who alleges she was severely injured while on an elevator at a Los Angeles courthouse, failed to present a government claim to the Secretariat of the Judicial Council. Plaintiff contends she complied with the government […]
Suit Against City Based Upon Americans with Disabilities Act Will Proceed.
A paraplegic who uses a wheelchair filed suit, pursuant to 42 U.S.C. § 12101 [Americans with Disabilities Act; ADA] and Civil Code section 54 [Disabled Persons Act], against a City, alleging he experiences great difficulty, discomfort and fear for his safety when frequenting facilities in the City because none of the City’s on-street parking is […]
Award Of Attorney Fees Against Law Firm Reversed.
A law firm unsuccessfully represented a man injured in an explosion in an action against a City. After the superior court granted summary judgment to the City, it awarded the City $102,296.20 for its attorney fees and costs against both the man and the attorneys who represented him. Code of Civil Procedure section 1038 provides public […]
Religion Is Like A Pair Of Shoes…Find One That Fits For You, But Don’t Make Me Wear Your Shoes. — George Carlin.
In California, a person with developmental disabilities has the same legal rights and responsibilities guaranteed all other individuals by the United States Constitution, including “a right to religious freedom and practice.” (Welfare and Institutions Code section 4502 [Lanterman Act]). Plaintiffs are the owners six-bed residential community care facility. The defendant is a regional center established […]
Jury Award Of Economic Damages Reversed.
In a whistleblower retaliation lawsuit brought by a deputy sheriff under Labor Code section 1102.5 (b), the jury returned a special verdict in the deputy’s favor, awarding $4,506,015 in damages, $2,006,015 in lost earnings ($806,041 in backpay and $1,199,974 in future lost income), and $2,500,000 in non-economic damages. On appeal, the County contended there were […]
If A Tree Falls On A House And No One Is Around To Prune It, Does It Make A Lawsuit?
During a windstorm, a tree owned by a City fell on a residence. As a result of the damage caused to the house, the homeowner’s insurer paid benefits for the damage under the homeowner’s insurance policy. The insurer then sued the City for inverse condemnation and nuisance based on the damages caused by the tree. […]
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