In a class action alleging misrepresentation of cellular phone rates, the trial court denied defendants’ motion to compel arbitration in 2006, prior to the United States Supreme Court’s decision in AT&T Mobility LLC v. Conception (2011) 131 S.Ct. 1740, [179 L.Ed.2d 742]. Defendants renewed their motion to compel arbitration and the trial court granted it […]
County Enjoys Absolute Immunity.
County asked for extraordinary relief after the trial court denied its motion for summary judgment. The action alleges a violation of a duty to warn of the violent tendencies of a person placed in a care facility. The conservatee injured one person and killed another. The County argued it was absolutely immune under Welfare and […]
Wrongful Termination Claim Against Hospital Dismissed.
Plaintiff sued a hospital for wrongful termination in violation of public policy because it allegedly violated Labor Code §132a, which generally prohibits discharging an employee for filing a workers’ compensation claim, and for defamation because the hospital told others why she was fired. The trial court dismissed her claims pursuant to different motions brought by […]
Plaintiff, Released After 19 Years In Prison, Given Leave To Amend To Allege Coerced Confession In Violation Of His Fifth Amendment Rights.
Plaintiff was 18 in 1984 when he witnessed a drive-by shooting. Under police protection for months, he testified for the prosecution. During those months, plaintiff formed a friendship with a detective who became a father figure to him. The next year, plaintiff and other neighbors gathered to watch police activity when two people in the […]
Claim Against Drug Company Dismissed.
One-year-old died after receiving his vaccine shot. His parents received $250,000 compensation from a government fund, and then brought action against the manufacturer of the vaccine. The federal district court dismissed the action on a motion for summary judgment, finding the claim was foreclosed by the National Childhood Vaccine Injury Act [42 U.S.C. § 300aa-22]. […]
Hospital Records Of Its Institutional Review Board Exempt From Discovery.
Trial court ordered hospital to answer interrogatories and provide documents concerning information held only by its Institutional Review Board [IRB]. Court of Appeal granted a writ for extraordinary relief, holding IRB records to be exempt from discovery under Evidence Code §1157 because, even though the committee includes community members who are not physicians, it is […]
Discrimination In Housing.
Defendants, who owned rental dwellings, were sued by the U.S. Justice Department for violation of the Fair Housing Act [42 U.S.C. §3604(a)-(d)] for refusing to rent to non-Korean tenants, refusing to rent to African Americans, refusing to rent to families with children and advertising with a preference for Korean tenants. They tendered the defense of […]
Facebook Class Action Settlement Approved.
Facebook launched a program called “Beacon” which updated a member’s profile to reflect actions the member took on websites belonging to companies contracting with Facebook. Thus, for example, if a member rented a movie through the participating website Blockbuster.com, Blockbuster would transmit information about the rental to Facebook, and Facebook would broadcast that information to […]
No Mandatory Duty To Capture And Take Pit Bulls Into Custody.
One afternoon, three boys were walking home from school when two pit bulls attacked and seriously injured one of them. A lawsuit was brought against the dogs’ owner, the landlord and the County of Los Angeles. Among other allegations, the complaint alleged the county had received nine complaints the pit bulls had jumped the fence […]
Defamation, Invasion Of Privacy, Unfair Business Practices, Causes Of Action And Service Of §425.16 Anti-SLAPP Motion.
A genetics company publicly admitted that research was mishandled vis-à-vis previously reported results of studies for a diagnostic test for fetal Down Syndrome. Plaintiff alleges he resigned after he was made an offer “that if he resigned as chief financial officer, he would not be associated with the mishandling and would be separated from others […]
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