Legal malpractice 532
April 10th, 2012 
admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Khodayari v Mashburn 200 Cal.App.4th 1184 (2/4) (2011) Khodayari’s legal malpractice claim against criminal defense lawyer Mashburn who handled probation violation matter. San-Diego-Auto-Accident-lawyer Demurrer sustained, affirmed. [1] Criminal defendant must both show actual innocence and obtain post-conviction exoneration before bringing malpractice claim. Same rule applies to probation violations, even if not to motions to return property seized from convicted defendant (Brooks 144 CA4th 434) San Diego personal injury attorney
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Plumbing problems 531
April 10th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Salehi v Surfside III Condominium Owners Assn. 200 Cal.App.4th 1146 (2/6) (2011) Condominium owner ( a lawyer) sued HOA for plumbing etc. problems. San-Diego-Auto-Accident-lawyer She dismissed eight of ten causes of action-her expert witness was too ill–and later lost on other two claims where prior settlement with CC § 1542 waiver provided complete defense, affirmed. HOA moved for attorney fees, $253K, as prevailing party, CC § 1354, denied, reversed. [1] HOA was prevailing party as it achieved its litigation objectives and Salehi achieved none. That she failed to prepare her case substantively and failed to be ready to go forward, even if due to her “inexperience and poor decisions,” does not change she lost. [2] § 1542 waivers are effective, at least where parties are represented by counsel. San Diego personal injury attorney
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Public funds used for campaign information 530
April 10th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Peninsula Guardians, Inc. v Peninsula Health Care Dist. 200 Cal.App.4th 1108 (1/3) (2011) Hospital district used public funds for information campaign related to upcoming ballot proposition. San-Diego-Auto-Accident-lawyer PG, a public interest group, sued district for improper campaign contributions (Stanton 17 C3d 206, Vargas 46 C4th 1). District’s anti-SLAPP motion denied, reversed, ordered granted. [1] Statements about a ballot measure are protected activity. [2] On de novo review, court district’s campaign materials were informational, not partisan, as a matter of law, which defeats PG’s claim of reasonable probability of prevailing, anti-SLAPP’s 2d prong. San Diego personal injury attorney
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Child neglect in preschool 529
April 10th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
All Angels Preschool/Daycare v County of Merced 197 Cal.App.4th 395 (5) (2011) Preschool reported to County suspected child neglect. San-Diego-Auto-Accident-lawyer Subject parent removed child from preschool. Preschool sued county alleging breach of mandatory duty: protecting reporter’s identity. Demurrer sustained, affirmed. [1] Gov C sec.815.6 liability turns on intent of underlying statutory duty. Pen. C § 11167 confidentiality is not designed to protect against this kind of injury, but only to foster cooperation between reporters and county, only incidentally protecting against reporter’s financial injury. [2] County employee is immune from liability since disclosure, if any, happened during an official investigation. Gov C § 815.6, a section repeatedly given an expansive reading. San Diego personal injury attorney
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Camera crew liability 528
April 10th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Bailey v Brewer 197 Cal.App.4th 781 (2/4) (2011) Bailey made documentary film with Brewer his first cameraman, whose work was so poor Bailey had to retain second cameraman and reshoot the film, causing Bailey substantial expenses, but Brewer claimed publicly the two were co-producers and partners. San-Diego-Auto-Accident-lawyer Brewer also induced Showtime to cancel its deal with Bailey. Brewer’s small claims action: judgment for Bailey. Brewer’s anti-SLAPP claimed his actions were part of good faith intention to file suit if settlement failed. Denied, affirmed. [1] Brewer’s letters to Showtime and others reflected “substantially identical” claim as adversely decided in small claims case. Thus Brewer’s contemplated litigation was barred as a matter of law. Litigation could not then be contemplated in good faith. Thus no § 425.16 protected activity. [2] Theory that “even meritless and malicious claims are protected does not extend to a case barred by res judicata. Core policy of access to courts not infringed when parties have already been to court. San Diego personal injury attorney
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Employment arbitration 527
April 10th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Brown v Ralphs Grocery Co. 197 Cal.App.4th 489 (2/5) (2011) Employment agreement’s arbitration clause contained class and Private Attorney General Act Lab C § 2698 waivers. San-Diego-Auto-Accident-lawyer Trial court held waiver renders the contract unconscionable and unenforceable, Gentry 42 C4th 443, and denied arbitration petition; reversed. [1] Gentry requires four-factor evidentiary showing, but plaintiffs offered no evidence. Reversed: no substantial evidence. [2] US Supreme, AT&T v Concepcion 563 US __ does not preempt California rule forbidding PAGA waivers. [3] Where a single term violates public policy, the term is severed and rest of agreement enforced unless the agreement is “permeated with unconscionalbility.” Dissent AT&T preempts anti-PAGA-waiver rule. San Diego personal injury attorney
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Condominiums lawsuit 526
April 10th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
California Traditions 197 Cal.App.4th 410 (4/1) (2011) Construction defect case. Rough farmers’ insurance policy excluded coverage for condominiums. Developer’s declaratory relief, etc., action Ins C. § 11580, claiming “condominium project” was undefined, ambiguous, and inapplicable where project–all free-standing units–not like typical condominium. Insurer’s MSJ granted, affirmed. San-Diego-Auto-Accident-lawyer [1] Project permitted and marketed as a condominium. That is sufficient to show it is within exclusion. [2] Scottsdale 98 CA4th 86 (exclusions only unenforceable if no significant actuarial basis) is a case “derelict on the waters of the law,” and rejected. San Diego personal injury attorney
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Class action against Farmers 525
April 10th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Fairbanks v Farmers New World Insurance 197 Cal.App.4th 544 (2/3) (2011) B&PC § 17200 class action against Farmers for its universal life insurance marketing, claim “a myriad of improprieties” and “innumerable wrongdoings.” San-Diego-Auto-Accident-lawyer Fairbanks narrowed for class certification. Certification motion denied, affirmed. [1] Fairbanks argued in trial court improper marketing practices standing alone supported class action; on appeal argued practices in conjunction with other improper practices, “justifies class treatment. Not raised below, so waived on appeal. [2] Trial court’s finding that Farmers did not use common marketing strategy and thus common issues did not prevail, were supported by substantial evidence. San Diego personal injury attorney
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Age discrimination and retaliation claim 524
April 10th, 2012 admin Discrimination is another area of San-Diego-Personal-Injury-attorney.com
Life Technologies v Superior Court 197 Cal.App.4th 640 (1/1) (2011) Age discrimination wrongful termination and retaliation claim. San-Diego-Auto-Accident-lawyer Plaintiff’s special interrogatories asked name, ages and contact information of laid-off and not laid-off employees, motion to compel granted, writ issued. [1] Interrogatories sought relevant information, CCP § 2017.710, in that they might lead to admissible statistical evidence showing disparate impact. [2] Interrogatories implicate privacy interests of third party current and former employees (Pioneer 40 C4th 360), and trial court failed to protect those interests, which are effectively the confidential personnel records of nonwitness third parties. Must show compelling need for information not obtainable through depositions or nonconfidential sources. Even then, the scope must be narrowly circumscribed. Further, affected Third parties must be given notice and opportunity to be heard (cf. notice to consumer § 1985.6). Finally, trial court must fashion protections for any disclosed information (e.g., sealing order). San Diego personal injury attorney
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Tutti Mangia Italian Grill lawsuit 523
April 10th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Tutti Mangia Italian Grill v American Textile Maintenance 197 Cal.App.4th 733 (2/4) (2011) No requirement to petition court for order compelling arbitration. San-Diego-Auto-Accident-lawyer If arbitration agreement permits parties to conduct arbitration (self-executing), court has jurisdiction to confirm award without prior petition. Further, failure to participate in an arbitration is done at that party’s peril. San Diego personal injury attorney
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