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 not […]
Uniform Trade Secrets Act Did Not Displace Other Causes Of Action.
A former employee worked for plaintiff, a nationwide linen supply company for many years. He promised he would not, during his employment, “become interested, directly or indirectly, as a partner, officer, director, stockholder, advisor, employee, independent contractor or in any other form or capacity, in any other business similar to Company’s business.” While he was still […]
Restriction In 1946 Deed Enforceable As A Covenant Running With The Land.
In 1945, a woman purchased a parcel of real property described as “Lot 4.” In 1946, she conveyed a portion of Lot 4 by a grant deed, which provided that she was conveying ‘[a]ll of Lot 4 EXCEPTING the following described property in Block ‘I’ . . . :” The deed then set forth the legal […]
Equitable Tolling Available Under The Federal Tort Claims Act.
There is a conflict among the federal circuit courts whether the timing of suits against the United States government is jurisdictional or subject to equitable tolling. The Ninth Circuit joined with several other circuits in concluding 28 U.S.C. § 2401(b) is subject to equitable tolling under some circumstances. In the instant matter, the Ninth Circuit noted […]
Insurance Company Would Not Reveal Policy Limits.
Plaintiff lost his leg in an automobile accident. In his action against defendant, he asked defendant’s insurer for the amount of the policy limits on three separate occasions. When the insurance company did not respond to the queries, plaintiff made an offer pursuant to Code of Civil Procedure section 998, to settle in the amount of […]
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 […]
Public/Private Agreements & Attorney Fees.
Plaintiff is a health care district is a public agency established in 1948 pursuant to the Health and Safety Code. Defendants include one of the hospitals that was operated by the district prior to 1998 as well as a nonprofit corporation formed to operate the hospital for the district. In 2004, when defendant hospital faced closure […]
Homeowners Association Election Rules Upheld.
A homeowners association adopted a rule that prevents a person from seeking a position on its board if the prospective candidate is related by blood or marriage to any current board member or to any candidate for office on the board. A homeowner within the association contended the rule violates his right to nominate himself for the […]
Preliminary Fact Of Agency Not Established.
A lawyer, defense counsel in a criminal trial, filed a writ of prohibition challenging the superior court’s adjudication of contempt against her. The lawyer failed to answer questions regarding how she came into possession of evidence relevant to the prosecution of her client. The lawyer contends the evidence was delivered to her in some way by […]
FEHA Discrimination? Woman Told To Find A Bush To Relieve Herself.
Plaintiff, one of the woman workers on a construction project, filed a complaint for discrimination, harassment and retaliation pursuant to the Fair Employment and Housing Act (FEHA) [Government Code section 12940, et seq.]. While working on the site, she often had to travel “miles from the work area” to access portable toilets. Also, the foreman frequently […]
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