Langford, a CHP officer, killed Silva's son while speeding to respond to an emergency call. Langford was statutorily immune from liability under Vehicle Code 17004, but the CHP was not. Gov. Code 815.2(b) immunizes a government entity when its employee is immune except as "otherwise provided by law." Vehicle Code 17001 otherwise provides, making an entity liable for death or… Read More
A party moving under 11 USC 1112(b)(1) for relief such as conversion of a Chapter 11 case to a Chapter 7 case bears the burden of persuasion that cause exists for granting that relief. Cause includes a material default in making payments due under the Chapter 11 plan. Material isn't defined by the Bankruptcy Code, but gains meaning from the… Read More
A plaintiff who accomplishes no more than to defeat a defendant’s motion for qualified immunity is not entitled to attorney’s fees pursuant to § 1988(b), because the plaintiff has not yet prevailed on any claim. Read More
Defendant admitted negligence in an auto accident case. But the trial court correctly denied plaintiff's motion for a directed verdict on causation. Defendant's expert said only that the accident caused additional injury "if the plaintiff's testimony is believed." The jury could and did disbelieve plaintiff. Plaintiff could not complain on appeal about the wording of jury instructions since he invited… Read More
Defendant failed to preserve her contention that the trial court erred in allowing a Violence Protection Prevention proceeding to be conducted by Zoom with the plaintiffs and their witnesses seen by the court while defendant could only access the Zoom hearing by telephone. Defendant didn't object on that ground in the trial court and so is barred from doing so… Read More
Defendant failed to preserve her contention that the trial court erred in allowing a Violence Protection Prevention proceeding to be conducted by Zoom with the plaintiffs and their witnesses seen by the court while defendant could only access the Zoom hearing by telephone. Defendant didn't object on that ground in the trial court and so is barred from doing so… Read More
Plaintiff recovered a $157,000 judgment against defendant's corporation, then brought this independent suit against defendant claiming he was the corporation's alter ego and liable for the judgment against it. On the first appeal from judgment on the pleadings against plaintiff, the court held that a plaintiff may pursue an independent action against the alter ego based on the judgment against… Read More
The San Diego city attorney sued the owner of Instacart for misclassifying its gig workers as independent contractors seeking an injunction and civil penalties under B&P Code 17200. This decision holds that defendant cannot compel arbitration of the city attorney's claim. Like the EEOC in EEOC v. Waffle House Inc. (2002) 122 S.Ct. 754, the city attorney here was not… Read More
An award of punitive damages was excessive where it equaled the full value of the only asset that the defendant was shown to own. It is plaintiff's burden to produce evidence demonstrating the defendant's financial condition--including both assets and liabilities. Here, plaintiff failed to present evidence of liabilities or show that defendant had more than a minimal annual income. Proof… Read More
Florida does not violate the Medicare Act by asserting a lien for 37.5% of a Medicare recipient's settlement of his claim against a third party tortfeasor for injuries treated with Medicare benefits. Under Florida law, there is a presumption that 37.5% of any personal injury settlement is paid for past and future medical expenses unless rebutted by clear and convincing… Read More
An airline employee whose duties involved loading and unloading baggage and cargo onto and from airplanes that flew interstate routes was an employee engaged in interstate commerce and thus the FAA did not apply to the arbitration clause in his employment agreement. 9 USC 1 exempts a class of workers--not a class of their employers; so the fact that Southwest… Read More
Article I, section 8 of the Constitution empowers Congress to enact uniform laws on the subject of bankruptcy throughout the nation. This decision holds that Congress violated the uniformity requirement when it raised US Trustee fees in 2017 because, at that time, it did not also raise the fees charged bankrupts in the six districts in Alabama and North Carolina… Read More
Arizona had personal jurisdiction over Pennsylvania Byzantime Catholic church officials whom plaintiff claimed had defamed it and interfered with plaintiff's contract with an Arizona Byzantine Catholic church. Under Calder v. Jones, 465 U.S. 783, 788-89 (1984), a defendant is subject to specific personal jurisdiction if he (1) commits an intentional act, (2) expressly aimed at the forum state, that (3)… Read More
To recover attorney fees under the catalyst theory and CCP 1021.5, the plaintiff must show that (1) the lawsuit was a substantial factor in the plaintiff's achieving the primary relief sought in its suit (whether by judicial decree, settlement or voluntary change), (2) the lawsuit had merit and achieved its catalytic effect by threat of victory, not by dint of… Read More
Defendant was not judicially estopped from contending that a later "forbearance agreement" fully released him from obligations under an earlier "settlement agreement." In other litigation, defendant had referred to the the "forbearance agreement" as being "brief"--which could have meant short in words, not time, but in any event there was no evidence that the court in the other case had… Read More
Malefactors unrelated to Uber obtained Uber stickers from its website and placed them on their cars. Then they picked up women who thought the men were Uber drivers. This decision holds that Uber is not liable for the fake drivers' rape of the women. Uber didn't have a special relationship with the women that imposed any duty on it to… Read More
Following Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703, this decision pays close attention to the text of Lab. Code 1102.5, but nevertheless affirms a summary judgment for the employer. First, the decision casts doubt on whether the employee who invokes section 1102.5 must actually believe what she reported was a violation of law so long as there… Read More
The second sentence of the FTC Holder Rule does not limit recovery of attorney fees under state statutes that render the holder liable for those fees, even on claims that can only be brought against the holder as a result of the FTC Holder Rule. Read More
The FRCivP govern procedure in federal court even in diversity cases in which state law governs on substantive issues. This decision holds that Washington law requiring the filing of an affidavit with a medical malpractice complaint if the plaintiff elects not to engage in mediation before filing suit does not apply to a suit filed in federal court since FRCivP… Read More
California may impose a lien on a MediCal recipient's suit against a third party for injuries that were treated with services paid for by MediCal. The federal Medicare Act and implementing regulations do not preempt state law in this respect. However, if the recipient settles his claim with the third party defendant, the MediCal lien reaches only the amounts paid… Read More
