Fire fighter case 432
April 4th, 2012 
admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
International Assn. of Fire Fighters, Local 188 v Public Employment Relations Bd. 51 Cal.4th 259 (2011) Kennard 6-1 City’s layoff found by Public Employees Relations Board not subject to collective bargaining. San-Diego-Auto-Accident-lawyer.com Affirmed, as it is within PERB’s discretion. Judicial review is limited to ordinary mandamus CCP § 1085. San Diego personal injury attorney
Posted in Uncategorized | Comments Off
Employed by unlicensed contractor 431
April 4th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Cortez v Abich 51 Cal.4th 285 (2011) Baxter 7-0 C employed by unlicensed contractor, Q, to remodel A’s house. C injured and sued both A & Q, alleging inter alia, violation of Cal-OSHA regulations. San-Diego-Auto-Accident-lawyer.com [1] C is not a “household domestic service” employee. Therefore, A & Q not exempted rom CalOSHA Lab C § 6300. Such an employee would perform duties person to the homeowner, including gardening and noncommercial tree trimming. San Diego personal injury attorney
Posted in Uncategorized | Comments Off
Catlin v Superior Court 430
April 4th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Catlin v Superior Court (2011) 51 Cal.4th 300 Kennard 7-0 Postconviction discovery Pen. C § 1054.9 has no time limit, but only requirement to show good faith efforts to obtain materials from trial counsel. San-Diego-Auto-Accident-lawyer.com Trial court retains discretion to deny such a motion if it is a procedural ploy to delay execution. San Diego personal injury attorney
Posted in Uncategorized | Comments Off
Water code 429
April 4th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
California Farm Bureau Federation v State Water Resources Control Bd. 51 Cal.4th 421 (2011) Corrigan part 5-2, part 7-0. San-Diego-Auto-Accident-lawyer.com Water Code § 1525 (water rights permit fees) passed by Legislature’s simple majority. Not explicitly a tax, so not facially unconstitutional (Prop 13). Remanded to consider whether fees“fairly assess and apportion the [water] contractors’ beneficial interests.” San Diego personal injury attorney
Posted in Uncategorized | Comments Off
Priest sexual abuse 428
April 4th, 2012 admin Sexual harassment is another area of San-Diego-Personal-Injury-attorney.com
Roe 58 v Doe 1 191 Cal.App.4th 1360 (2011) (2/8) R claimed priest’s sexual abuse, years ago. San-Diego-Auto-Accident-lawyer.com Lengthy discussion of CCP § 340.1 “an interpretive beast, a Frankenstein’s monster of legislative parts stitched together over 16 years. And like Shelly’s literary counterpart, this legislative monster is easily misunderstood, especially [about the] 2000 amendments [which lengthened some claims and reviving[ for one year all such claims . . .” [1] Statute of limitations expired years before, and this case not filed within the one-year revival window. Therefore it is time barred. Dissent: Delayed discovery of cause of injuries justifies the tolling of the statute. San Diego personal injury attorney
Posted in Uncategorized | Comments Off
Foot Locker liability 427
April 4th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Kullar v Foot Locker Retail, Inc. 191 Cal.App.4th 1201 (2011) (1/3) Lawfirm Q objected to settlement in Class Action #1. Q then brought Class Action #2 with partially overlapping class arising out of similar or same conduct. San-Diego-Auto-Accident-lawyer.com (Neither class certified.) FLR moved to disqualify Q for conflict of interest. Motion denied, and affirmed. No conflict since Q representing the same putative class in both proceedings. No showing Q received any confidential information from class members favoring earlier settlement. Fact Q’s class may have unnamed, unknown members who favor the settlement does not create conflict any more than #1 class’s lawyers would have conflict if some of its unnamed, unknown members opposed the settlement. San Diego personal injury attorney
Posted in Uncategorized | Comments Off
Workplace liability 426
April 4th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Holmes v Petrovich Development Co. LLC 191 Cal.App.4th 1047 (2011) (3) Holmes 1047 H hired in June, in July told employer P’s CEO she was pregnant with expected maternity leave Dec, but then changed it to Nov. San-Diego-Auto-Accident-lawyer.com CEO asked H whether she had been truthful earlier, and H responded she was offended. Neither CEO nor any other company employee said anything about it to H after that, but CEO sent notes to HR and to company lawyer. H immediately went to a lawyer and quit the job. P’s MSJ granted on emotional distress etc. claims and jury verdict on sexual harassment hostile work environment claim Gov C § 12940, affirmed. [1] H sent emails to her lawyer using employer’s computer system against company policy and after begin warned company would monitor the computers and that employees have no right to privacy on any information in company computers. The equivalent to talking to “her lawyer in her employer’s conference room, in a loud voice, with the door open”). [2] MSJ proper for undisputed brief, isolated, work-related exchanges between her and CEO and others is neither severe nor pervasive. No evidence showing retaliation or any reason supporting constructive discharge. San Diego personal injury attorney
Posted in Uncategorized | Comments Off
Unlawful advertising 425
April 4th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Hypertouch, Inc. v ValueClick, Inc. 191 Cal.App.4th 1209 (2011) (2/7) Federal CAN-SPAM Act 15 USC § 7701 does not preempt California’s anti-spam provision B&P Code § 17529.5. San-Diego-Auto-Accident-lawyer.com That section makes unlawful advertising in an email that itself is deceptive as defined by the statute, broader than common law fraud. V’s advertisements appeared in 45,000 emails sent out by others. That’s enough to defeat an MSJ. Rehearing granted. San Diego personal injury attorney
Posted in Uncategorized | Comments Off
Conversion lawsuit 424
April 4th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Estate of McQueen 191 Cal.App.4th 1162 (2011) (1/4) Financial elder abuse case. Conservatee M owned a house that D and other family members sold and kept the proceeds. San-Diego-Auto-Accident-lawyer.com M sued for conversion, etc. D tried to introduce evidence of M’s governmental benefits, but trial court ruled inadmissible under collateral source rule. Affirmed. [1] In case of first impression in California, underlying rationale on collateral sources generally applies equally to payments from a governmental agency in that they are independent of the family members. (Rest 2d Torts § 920A.) Rehearing granted. San Diego personal injury attorney
Posted in Uncategorized | Comments Off
Malpractice against lawfirm 423
April 4th, 2012 admin Malpractice is another area of San-Diego-Personal-Injury-attorney.com
Cassel v Superior Court 51 Cal.4th 113 (2011) Baxter 7-0 In C’s legal malpractice action against lawfirm W, he claimed W gave bad advice and pressured him to settle case. San-Diego-Auto-Accident-lawyer.com W sought to exclude all statements made during mediation, including those between C and W. CCP § 1119 explicitly commands that all communications in a mediation are confidential and inadmissible, and not limited to those between mediation disputants. San Diego personal injury attorney
Posted in Uncategorized | Comments Off