Appellant Edward Harry worked as a site representative during an event at a noted architectural residence owned by respondent James Goldstein. While giving a tour during the event. Harry fell from a platform suspended over a hillside, sustaining serious injuries....
Month: April 2019
MY SPOUSE LIVES IN ANOTHER STATE & I WANT A RESTRAINING ORDER!
Legal Advertisement: At times, couples who seek divorce may encounter situations where one spouse lives or has moved to another state. What are the California rules for seeking relief, a Domestic Violence Restraining Order, and a divorce in such situations?...
COURT REVERSES DENIAL OF DOMESTIC VIOLENCE RESTRAINING ORDER!
Legal Advertisement: More drama in the California Family Law Courts involving a stormy romance. Husband just doesn't get it! A wife sought a domestic violence restraining order (DVRO) against her husband for acts specifically violating the temporary restraining order...
COURT REVERSES ORDER GRANTING ANTI-SLAPP MOTION TO STRIKE!
Legal Advertisement. Sarah Plott Key (Key) appeals from orders of the probate court (1) striking her petition to enforce a no contest clause in a trust under the “anti-SLAPP” statute (Code Civ. Proc., § 425.16)1 and (2) denying her motion to recover her attorney fees...
CAN A PLAINTIFF PURSUE MALICIOUS PROSECUTION DESPITE CC § 47?
LEGAL ADVERTISEMENT The lesson in this case is there are important distinctions between the torts of false imprisonment and malicious prosecution. Lucinda Cox alleged that Hollis Griffin intentionally filed a false police report accusing Cox of forgery and...
IS COLOR OF STATE LAW REQUIRED UNDER THE STATE’S CIVIL RIGHTS ACT
No. "If a person or persons, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured...
CAN A VOCATIONAL EXAMINATION BE ORDERED POST-DIVORCE? YES!
Appellant Annemarie Schilders appealed several orders made by the family court about a year after the entry of a stipulated judgment of dissolution of her marriage to respondent Steven Stupp. Schilders challenges orders giving Stupp temporary sole legal custody of the...
WHEN DOES A CHILD NOT HAVE STANDING TO SUE FOR WRONGFUL DEATH?
This case presents two issued: does the nonmarital biological child of an absentee father who never openly held her out as his own have standing under Code of Civil Procedure section 377.60 (section 377.60) to sue for his wrongful death if she failed to obtain a court...
WHEN IS INCARCERATION UNCONSTITUTIONAL AS CRUEL & UNUSUAL?
William Palmer, serving a sentence of life in prison with the possibility of parole, filed this petition for writ of habeas corpus to challenge his continued incarceration for a crime committed in 1988 as cruel and unusual punishment under article 1, section 17, of...
WHEN DOESN’T THE ANTI-SLAPP APPLY?
Anti-SLAPP Motion Denied by Trial Court. Court Finds No Issue of Public Concern. Denial of Plaintiff's Attorney's Fees Reversed! Defendants Also Sanctioned for Frivolous Appeal in the Amount of $8,500.00! In providing an example of when Code of Civil Procedure,...