Work environment harassment 502
April 9th, 2012 
admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Pantoja v Anton 198 Cal.App.4th 87 (5) (2011) Pantoja claimed hostile work environment harassment Gov C § 102900. Evidence of others’ harassment held admissible only if Pantoja was present; otherwise inadmissable character evidence Ev C § 1101(b). Verdict for Anton, reversed. San-Diego-Auto-Accident-lawyer [1] “Me-too” evidence admissible to impeach Anton’s testimony or to rebut defense testimony that Anton never did these things. Must be more than evidence of propensity to harass. [2] Lyle 38 C4th 264 instruction (FEHA is not a civility code or designed to rid workplace of vulgarity), without clarification or explanation is error for it implied more-than-vulgarity conduct was nonactionable. [3] Rehabilitation of witness who admitted enmity against Defendant may be rehabilitated only on evidence there “really is no hostility,” not by Evidence the hostility is justified, such as by Defendant’s acts. (Lengthy opinion) San Diego personal injury attorney
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Diverting sales tax 501
April 9th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
City of Industry v City of Fillmore 198 Cal.App.4th 191 (2/3) (2011) Cities sued each other for Fillmore’s diverting sales tax from Industry and Livermore to Fillmore as part of conspiracy between Fillmore and three corporations, Inspired LLC, et al. San-Diego-Auto-Accident-lawyer Demurrer sustained for failure to exhaust administrative remedies and for late claim-filing; corporations and Fillmore’s anti-SLAPP granted; reversed. [1] Claims (complex intergovernmental issue) timely filed. [2] No administrative-remedy-exhaustion requirement where initial claim not within exclusive jurisdiction of state administrative agency. Fraud and conspiracy claims primarily legal, and technical expertise of state agency not implicated or necessary. [3] Fraud claim adequately alleged where Fillmore and corporations agreed to establish sham offices in Fillmore, to pay Fillmore’s sales tax and defeat all other cities’ taxes. [4] Filing state tax returns is not a exercise of constitutional right of petition or free speech, and thus not protected activity under CCP § 425.16. Communications with government and acts having some connection with public issue or public interest are not necessarily protected communications. (Other anti-SLAPP rulings not appealed.) Attorney fees on SLAPP must be redetermined to show which work was on successful SLAPP motion. San Diego personal injury attorney
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Attorney fees 500
April 9th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Gonzalez v Chen 197 Cal.App.4th 881 (2/1) (2011) Med mal minor’s compromise approved by attorney’s fees reduced under local rule capping attorney’s fees at 25%. Reversed. San-Diego-Auto-Accident-lawyer [1] Local rules governing minor’s attorney fees expressly preempted by CRC Rule 7.955(d). [2] MICRA caps attorney’s fees but does not guarantee that maximum amount B&PC § 6146. [3] Trial court must exercise discretion in determining attorney’s fees under 7.955’s 14 factors. Court implied criticism of attorney’s appeal at the expense of his client. San Diego personal injury attorney
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SG LLC fraud 499
April 9th, 2012 admin Breach of contract is another area of San-Diego-Personal-Injury-attorney.com
Misik v D’Arco 197 Cal.App.4th 1065 (2/3) (2011) Misik successfully sued SG, LLC, for fraud and breach of contract. San-Diego-Auto-Accident-lawyer After judgment, Misik moved to amend judgment, naming D’Arco as alter ego although alter ego not alleged in complaint. Denied, reversed. [1] Denying amendment motion is an appealable order. CCP § 904.1. [2] CCP § 187 authorizes post-judgment amendment to add judgment debtor whether as alter ego or otherwise, “great liberality.” [3] No requirement to show fraud, only need show that protecting legal fiction of corporate status would promote injustice (Here D’Arco owned 100% of SG., paid its bills, operated out of his residence, etc.) [4] Pleading alter ego in complaint not prerequisite to amendment. San Diego personal injury attorney
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Malpractice carrier case 498
April 9th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Mission Viejo Emergency Medical Associates v Beta Healthcare Group 197 Cal.App.4th 1146 (4/3) (2011) Malpractice carrier settled case against MVEMA above policy limits. San-Diego-Auto-Accident-lawyer MVEMA sued carrier for breach of contract, emotional distress, etc. Carrier moved to compel arbitration, denied, revered. [1] Insurance policy had conspicuous arbitration clause. That MVEMA did not read policy and was not told either by agent or application form of arbitration clause did not defeat enforceability. [2] California contract rule is to determine parties’ intent as evidenced by the contract’s language, which controls over the subjective intent of a party. No requirement that carrier call attention to an arbitration clause. San Diego personal injury attorney
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Bank foreclosure 497
April 9th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Fotenot v Wells Fargo Bank 198 Cal.App.4th 256 (2/1) (2011) Bank foreclosed F.’s property following her default on ‘special forbearance agreement.’ San-Diego-Auto-Accident-lawyer She sued bank and mortgage registration system (MERS) for wrongful foreclosure. Demurrer, supported by recorded documents, sustained, affirmed. [1] Proper to take judicial notice Ev C § 452 of recorded documents and facts deduced from them, including their legal effect. Documents showed MERS’s beneficiary status. Distinction between facts recited in documents and legal effect of document itself. Only the latter is judicially noticeable. [2] On sustaining earlier demurrer, trial court properly required any amended complaint to attach foreclosure agreement. Court may condition leave to amend on any just terms. CCP § 472a. [3] Forbearance agreement was negotiated for specific terms different from original promissory note and therefore supported by consideration. Promissory estoppel by definition inapplicable. San Diego personal injury attorney
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UPS wage-and-hour 496
April 9th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Planick v United Parcel Service 198 Cal.App.4th 308 (4/2) (2011) UPS prevailed on wage-and-hour claim. UPS’s cost bill stricken, reversed. San-Diego-Auto-Accident-lawyer [1] Prevailing party entitled to costs CCP § 1032 unless other provision expressly states otherwise. Lab C § 1194 is silent on employer’s right to costs and at best only implies employee-only cost recovery. Therefore, it does not create an express prohibition. Prevailing employer entitled to costs. San Diego personal injury attorney
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MediCal benefits reimbursement 495
April 9th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Maxwell-Jolly v Martin 198 Cal.App.4th 347 (1/ 2) (2011) Complaint for reimbursement of MediCal benefits paid 2001-2005, filed 2008. Plaintiff’s MSJ granted, affirmed. San-Diego-Auto-Accident-lawyer [1] State mandated by federal law to recover those costs. Obligation to reimburse MediCal created by statute, not contract. Thus CCP § 338 3-year statute of limitations applies, not CCP § 366.3 (promise by decedent). Also, not governed by Probate Code limits in claim against estate. San Diego personal injury attorney
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Transfered after medical leave 494
April 9th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Rogers v County of Los Angeles 198 Cal.App.4th 480 (2/2) (2011) Rogers went on 12-week family medical leave, from personnel officer position. San-Diego-Auto-Accident-lawyer While on leave, her position eliminated by reorganization. Rogers returned to work well after 12-week period expired. Rogers transferred to another division, different duties, lower-sounding title, same pay and benefits. Rogers refused, took retirement and sued for violation of California Family Rights Act Gov C § 12945.2. Jury verdict $356K, reversed. [1] By failing to return at end of 12 weeks protected CFRA leave, Rogers not entitled to reinstatement to this position. Fact decision to transfer Rogers made during 12 weeks irrelevant; Rogers argument not supported by any legal authority, and “we therefore disregard.” [2] Retaliation claim: County’s substantial evidence supported this was a legitimate, nondiscriminatory business decision which shifted burden to Rogers, who offered no evidence. Thus Rogers “failed to establish the requisite causal connection” between her leave and county’s actions. San Diego personal injury attorney
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Asbestos release 493
April 9th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
The Villa Los Alamos Homeowners Assn. v State Farm General Ins. Co. 198 Cal.App.4th 522 (1/4) (2011) HOA sued first-party insurer for refusing to cover asbestos releases. San-Diego-Auto-Accident-lawyer State Farm refused coverage due to pollution exclusion, and its MSAI granted, affirmed. [1] Contractor’s scraping of popcorn ceilings release asbestos into HOA common areas is a type of environmental pollution. Exclusion applies in first-party cases similarly to third-party ones. San Diego personal injury attorney
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