Wage and hour case 402
May 16th, 2011 
admin Premises Liability is another area of San Diego Personal Injury Law.
Pellegrino v Robert Half Internat. Inc., 182 Cal.App.4th 278(2010) (4/3) Wage-and-hour case [1] Attorney fees properly awarded where P prevailed on combined Labor Code and B&PC § 17200 claims, where claims largely intertwined, but also proper to reduce lodestar by 15% to reflect portion of fees due to separable 17200 claim. [2] 1.75 multiplier proper in view of complexity & novelty, lawyer skill, contingent fee arrangement,and extent litigation precluded lawyers’ accepting other work. [3] Error to apply multiplier to attorney fee motion in that these multiplier factors are lacking. San Diego personal injury attorney.
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Defamatory content email 401
May 16th, 2011 admin Premises Liability is another area of San Diego Personal Injury Law.
Phan v Pham, 182 Cal.App.4th 323(2010) (4/3) D received defamatory email from N which D forwarded with nondefamatory introduction, inviting addresses to read it, and “Everything will come out in the daylight.” Rule: No liability for republishing w/o changes (47 USC § 230), but line is crossed if D had ‘active involvement’ in creating defamatory content. San Diego personal injury attorney.
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Code-Three deputy car accident 400
May 16th, 2011 admin Wrongful Death is another area of San Diego Personal Injury Law.
Lebo v Tamco, 182 Cal.App.4th 297(2010) (4/2) T’s employee, D, left work in his own car and collided with and killed Code-Three deputy, L. Because T required D to be on call and provided him no car, D’s making his car available provided T a benefit, the ‘required-vehicle exception’ to going-and-coming rule. Thus D is in course and scope. Exception applies even though D’s actualuse was very infrequent, 10 times in 16 years. San Diego personal injury attorney. San Diego personal injury attorney.
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Conservatorship of John lawsuit 399
May 16th, 2011 admin Premises Liability is another area of San Diego Personal Injury Law.
Conservatorship of John L. 48 Cal.4th 131 (2010) Baxter 7-0 Attorney is presumed to have kept client fully informed, and counsel’s waiver of conservatorship objections is presumed knowing and effective. In that lawyer is answerable for misconduct, and misrepresenting to the court is serious misconduct, little to be gained and no need to place counsel under oath to support her waiving her client’s rights. San Diego personal injury attorney
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Projecting economic interests 398
May 13th, 2011 admin Premises Liability is another area of San Diego Personal Injury Law.
Drum v San Fernando Valley Bar Assn., 182 Cal.App.4th 247(2010) (2/5) D sued for B&PC § 17200 when S refused to sell its mailing list to him. D, a disbarred attorney offering cut-rate mediation services, claimed S was projecting economic interests of its members, ones who provided high-priced mediation. Demurrer properly sustained. S is an independent economic unit providing services to its members. No allegation S imposed price controls, that members adhered to price standards, or that D was disadvantaged by any controls. Further, D did not allege S monopolized the market or conspired to do so. Finally, D did not allege refusing to sell a mailing list harmed competition. “Absent a legal provision to the contrary, a private party may chose to do or not do business with whomever it pleases.” San Diego personal injury attorney.
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Daniel v Robbins lawsuit 397
May 13th, 2011 admin Premises Liability is another area of San Diego Personal Injury Law.
Daniels v Robbins, 182 Cal.App.4th 204(2010) (4/3) Anti-SLAPP motion properly granted. [1] Dismissal as a discovery sanction satisfies favorable termination element. [2] Malice element may exist at case’s initiation or may arise duringlitigation. [3] Malicious prosecution claim failed where no evidence showing lawyer knew action lacked probable cause, even though no discovery or investigation done, client (rather than lawyer) bore ill will. Lawyer may rely on information from client. [4] Cost bill timely filed; CRC 3.1700 limits cost requests to 15 days after notice of entryof judgment. An unsigned minute order is not a judgment. [5] Coram vobis, a drastic remedy, denied where (a) proffered evidence would not change the result, and (b) where evidence unavailable due to extrinsic fraud. San Diego personal injury attorney.
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Roof tiles faded in the sun 396
May 13th, 2011 admin Premises Liability is another area of San Diego Personal Injury Law.
McAdams v Monier, Inc. 182 Cal.App.4th 174(2010) (3) Class action, Consumer Legal Remedies Act CC § 1750 & B&PC sec 17200 claims that roof tiles faded in the sun, contrary to represented 50-year lifetime. [1] “Inference of common reliance” applies to CLRA for failure to disclose a particular fact. Improper to deny class, holding individual issues prevail by requiring evidence of individual representations. Hee, the class alleges a single, specific, material misrepresentation. [2] Proper to require class representative to have 17204 (Prop 64) standing. San Diego personal injury attorney.
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Conservatorship of John lawsuit 395
May 13th, 2011 admin Premises Liability is another area of San Diego Personal Injury Law.
Conservatorship of John L. 48 Cal.4th 131 (2010) Baxter 7-0; An attorney is presumed to have kept client fully informed and to convey information accurately both to and from the client. Counsel’s waiver of conservatorship objections is knowing and effective. In that lawyer is answerable for misconduct, and misrepresenting to the court is serious misconduct, little to be gained and no need to place counsel under oath to support her waiving her client’s rights. San Diego personal injury attorney.
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Failure to pay employees for on-duty meal breaks 394
May 9th, 2011 admin Premises Liability is another area of San Diego Personal Injury Law.
United Steel, Paper & Forestry v ConocoPhillips 593 F.3d 802 (9Cir 2010) Bybee; Class action for failure to pay employees for on-duty meal breaks. 8 CCR § 11010, subd. 11(C). Class certification improperly denied where based on mere possibility that workers would fail to prove that their breaks were ‘on duty’ ones. Trial court lacks authority to conduct preliminary inquiry into merits of action as part of class certification procedure. San Diego personal injury attorney
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Fiduciary duty breach 393
May 9th, 2011 admin Premises Liability is another area of San Diego Personal Injury Law.
Oaktree Capital Management, LP v Bernard 182 Cal.App.4th 60 (2010) (2/8) Arbitration award for employer OC against former employee B who used information gained on job to compete with employer and thereby breached fiduciary duty. [1] OC’s petition to confirm triggers 10-day response period, irrespective of whether 100-day time limit to confirm award has passed. [2] Unlawful restraint on labor mobility does not encompass tort damages for fiduciary duty breach. [3] Arbitration award is not normally judicially reviewable for errors of law, even if agreement provides arbitrator must apply California law. Only if agreementexpressly provides for judicial review may the arbitrator’s claimed errors be reviewed. San Diego personal injury attorney.
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