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 […]
Vexatious Litigant Defendant Who Appeals.
In 2011, the Legislature amended Code of Civil Procedure section 391.7, to provide expressly that a presiding justice, as well as a presiding judge, is authorized to permit the filing of new litigation by a vexatious litigant subject to a prefiling order. This appellate opinion states that a vexatious litigant defendant who appeals from an […]
Previously We Reported: No Common Law Duty For Businesses To Have Defibrillators Available.
A woman suffered a cardiac arrest while shopping at Target. Paramedics took several minutes to arrive and then maneuver through the store, and were unable to revive the woman. The woman’s family filed an action in state court, and Target removed it to federal court. The suit contends that Target breached the duty of care […]
Wrong Analysis Establishing Trial Court Error.
After losing her action against a business which allegedly permitted water and sewage to flow into a subleased premises causing damage, a plaintiff did not appeal. Instead she filed a legal malpractice action against her lawyer, alleging the lawyer failed to designate and call an expert witness at the trial on the issue of whether […]
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 […]
Sanctions Awarded Against Nonparty Who Brought Motion To Quash.
In marital dissolution proceedings, the husband issued a subpoena seeking the wife’s bank records. Unbeknownst to the husband, some of the wife’s father’s financial information was contained in those accounts. The wife’s father filed a motion to quash on September 5 arguing he had been given insufficient notice of the subpoena. A hearing date of […]
No Equitable Indemnity.
An employee of a gas facility dropped a propane tank on a truck driver as he was removing the tank from the truck driver’s truck. The facility settled with the truck driver for his injuries and then cross-complained against the motor carrier who had hired the truck driver’s company to carry the tanks. After a […]
Presumed Father In The Modern Family.
The biological father of a four-year-old was 45 years old when he met the child’s mother, who was 19 at the time. The biological father had an extensive criminal history and the mother had just been released from jail when she moved in with him. At his request, the mother began prostituting herself. After the […]
Woman To Be Thrown Out Of U.S. For Using False Social Security Number.
A woman who is a native and citizen of Mexico petitioned to cancel the order to remove her from this country after she used a false Social Security number. She argued her intention was not nefarious and that she used the number only to obtain employment. The Ninth Circuit denied her petition, pointing out that […]
Quitclaim Deed To Caregiver Was A Donative Transfer.
A husband and wife had a caretaker. After the wife died, the husband quitclaimed a house to the caretaker. The couple’s daughter brought action against the caretaker, contending the quitclaim deed was invalid. In her deposition, the caretaker admitted the only consideration she gave for the quitclaim consisted of one dollar and her friendship. She […]
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