California Injurious Falsehood Law

United States of America v. Vivian Tat AKA Vivian Lnu

<center><h2><center> San Francisco, CA - Criminal defense lawyer represented defendant with one count of making a false entry in bank records charge. </h2></center> This appeal stems from a sting operation to uncover money laundering near Los Angeles. In 2014, the government indicted Ruimin Zhao; Raymond Tan, who is Zhao's husband; and Defen... More...

$0 (12-16-2021 - CA)

United States of America v. VIVIAN TAT

<center><h2><center> SAN FRANCISCO, CA - Criminal defense lawyer represented defendant with one count of making a false entry in bank records and second count of the same offense charges. </h2></center> This appeal stems from a sting operation to uncover money laundering near Los Angeles. In 2014, the government indicted Ruimin Zhao; Raymond Tan,... More...

$0 (11-01-2021 - CA)

People for the Ethical Operation of Prosecutors and Law Enforcement v. Todd Spitzer, as District Attorney, etc.

This appeal is from a dismissal following a sustained demurrer in plaintiffs’ taxpayer suit against the Orange County District Attorney and the Orange County Sheriff. The complaint seeks injunctive relief to prohibit the operation of an alleged unlawful confidential informant program (CI program). The trial court ruled that plaintiffs, who are residents and taxpayers of Orange Co... More...

$0 (08-13-2020 - CA)

Santafe Braun v. Insurance Company of North America

In this action, SantaFe Braun, Inc. (Braun), formerly known as C.F. Braun & Co., seeks coverage for numerous asbestos-related claims under various excess insurance policies. In phased proceedings lasting over 10 years, the trial court entered judgment in favor of the excess insurers based on Braun’s failure to establish that the primary and, in some cases, underlying layers of ex... More...

$0 (07-16-2020 - CA)

Evan C. Nelson v. Tucker Ellis, LLP

<center><h1> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a>VOIP Phone and Virtual Receptionist Services Call 918-582-6422 Today </h1></center> This is an appeal from judgment on the pleadings entered by the trial court in favor of d... More...

$0 (05-06-2020 - CA)

Michael A. Tilkey v. Allstate Insurance Company

While Michael Tilkey and his girlfriend Jacqueline Mann were visiting at her home in Arizona, the two got into an argument. Tilkey decided to leave the apartment. When he stepped out onto the enclosed patio to collect his cooler, Mann locked the door behind him. Tilkey banged on the door to regain entry, and Mann called police. Police arrested Tilkey and charged him under Arizona ... More...

$0 (04-24-2020 - CA)

Siry Investment, L.P. v. Saeed Farkhondehpour

This is the fourth appeal in this longstanding lawsuit, and challenges a $7 million default judgment entered after the trial court issued terminating sanctions. Among the many issues raised by the parties on appeal, three present significant legal questions: (1) May a trial court issue terminating sanctions when the discovery a party contumaciously refuses to provide encomp... More...

$0 (03-04-2020 - CA)

Patricia I. Ermini v. Mike Scott

<center> <img width="300" src="https://upload.wikimedia.org/wikipedia/commons/8/84/US-CourtOfAppeals-11thCircuit-Seal.png"> </center> This case arises out of a routine wellness check that went badly awry. The underlying episode began with three Lee County deputies stopping by to check on 71-year-old Patricia Ermini at the request of her daughter—and ended with the deputies shooting E... More...

$0 (09-11-2019 - CA)

A,J, Fistes Corporation v. GDL Best Contractors, Inc.

Plaintiff A.J. Fistes Corporation (Fistes) appeals from a judgment entered after the trial court sustained without leave to amend the demurrer filed by defendants GDL Best Contractors, Inc. (GDL) and its officers, Francisco M. Lopez, Jose C. Lopez, and Benjamin Lopez (collectively, the Lopezes), to Fistes’s third amended complaint. Fistes brought suit against GDL, the Lop... More...

$0 (08-17-2019 - CA)

A.J. Fistes Corporation v. GDL Best Contractors, Inc.

<center><h1> <a href="http://www.callmorelaw.com" target="_new">MoreLaw Virtual Receptionists</a> Never Miss Another Call Don't Wait - Call 918-582-6422 Today </h1> </center> Plaintiff A.J. Fistes Corporation (Fistes) appeals from a judgment entered ... More...

$0 (08-14-2019 - CA)

Gregory Smith v. I. Ogbuehi

Gregory Smith is an indigent, self-represented prison inmate pursuing medical malpractice claims against a doctor and a nurse practitioner employed by the Pleasant Valley State Prison (Pleasant Valley). He filed a motion for the appointment of counsel, arguing the trial court should consider (1) the factual complexity of the issues * Pursuant to California Rules of Court, rule... More...

$0 (08-07-2019 - CA)

Janice Dickinson v. William H. Cosby, Jr.

Los Angeles, California personal injury lawyer represented Plaintiff who claimed defendant drugged and raped her. In 2014, plaintiff Janice Dickinson publicly alleged that defendant William Cosby drugged and raped her in 1982. Cosby responded by issuing a demand letter and several press releases through his attorney, which expressed or implied that Dickinson was lying. Dic... More...

$0 (07-27-2019 - CA)

California Advocates for Nursing Home Reform v. Karen Smith

Health and Safety Code section 1418.8 (section 1418.8) sets forth procedures to be followed for nursing home residents who lack capacity to make their own health care decisions. Most of the affected residents are elderly, many are poor, and all may be described as “unbefriended” in the sense they are without family members, friends or other legal surrogates to make health care ... More...

$0 (07-23-2019 - CA)

Sarah Plott Key v. Elizabeth Plott Tyler

<center><h1> <a href="http://www.callmorelaw.com" target="_new">MoreLaw Virtual Receptionists</a> Nosotros hablamos español </h1></center> Sarah Plott Key (Key) appeals from orders of the probate court (1) striking her petition to enforce a no contest cla... More...

$0 (04-20-2019 - CA)

James Alvin Jarvis v. Todd Henry Jarvis

Appellant Jarvis Properties is a limited partnership that owns a two-acre parcel of land. Its two general partners—appellant Todd Henry Jarvis and respondent James Alvin Jarvis (brothers)—each own a 50 percent interest in the partnership, which is less than the majority consent required to act on behalf of the partnership (Corp. Code, § 15904.06, subd. (a)). The general partne... More...

$0 (03-20-2019 - CA)

Darrell E. Issa v. Douglas Applegate

During the course of the 2016 political campaign to represent the 49th Congressional District, challenger candidate Doug Applegate's campaign ran two television advertisements about incumbent Darrell Issa that Issa contends were false and defamatory. Issa filed a lawsuit against Applegate, Doug Applegate for Congress, Inc., and Robert Dempsey (the respondents), alleging a cause of... More...

$0 (01-25-2019 - CA)

Harmoni International Spice, Inc. v. Robert T. Hume

<center> <img width="300" src="http://cdn.ca9.uscourts.gov/datastore/uploads/court.jpg"> </center> The main issue in this appeal is whether the plaintiffs adequately alleged proximate cause under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961–68. We conclude that the plaintiffs have adequately alleged proximate cause with respect to one catego... More...

$0 (01-23-2019 - CA)

Fredrick Theodore Rall, III v. Tribune 365, LLC

Plaintiff Frederick Theodore Rall III, a political cartoonist and blogger, sued Los Angeles Times Communications LLC (The Times) after it published a “note to readers” and a later more detailed report questioning the accuracy of a blog post plaintiff wrote for The Times. The Times told its readers that it had serious questions about the accuracy of the blog post; that the<b... More...

$0 (01-18-2019 - CA)

Liberty Surplus Insurance Corporation v. Ledesma & Meyer Construction Company, Inc.

Appellants Ledesma & Meyer Construction Company, Inc. and its principals, Joseph Ledesma and Kris Meyer (collectively, L&M) contracted with the San Bernardino Unified School District to manage a construction project at a middle school. In 2003, L&M hired Darold Hecht as an assistant superintendent and assigned him to the project. In 2010, Jane Doe, a 13-year-old student at the ... More...

$0 (06-05-2018 - CA)

Olivia DeHavilland v. FX Networks, LLC

Authors write books. Filmmakers make films. Playwrights craft plays. And television writers, directors, and producers create television shows and put them on the air -- or, in these modern times, online. The First Amendment protects these expressive works and the free speech rights of their creators. Some of these works are fiction. Some are factual. And some are a combinat... More...

$0 (03-26-2018 - CA)

Ellen Keates; A.K., a minor, through her parent and guardian Ellen Keates v. Michael Koile, et al.

Ellen Keates and her minor child, A.K., appeal the dismissal of their claims against Michael Koile and other officers and employees of what was then the Child Protective Services (CPS) division of the Arizona Department of KEATES V. KOILE 5 Economic Security (ADES), which allege (among other things) violations of Keates’s and A.K.’s constitutional rights to familial... More...

$0 (03-06-2018 - CA)

Ming Dai v. Jefferson B. Sessiona III

Ming Dai is a citizen of China. He testified that he was beaten, arrested, jailed, and denied food, water, sleep, and medical care because he tried to stop the police from forcing his wife to have an abortion. The Board of Immigration Appeals (BIA) nevertheless found that Dai was not eligible for asylum or withholding of removal. There is one clear and simple issue in this ... More...

$0 (03-09-2018 - CA)

Kathleen D. McBride, as Trustee, etc. v. Byron C. Smith

Kathleen McBride (McBride) sued Byron and Kalmia Smith (the Smiths) for violating McBride’s rights with respect to a recorded easement over the Smiths’ property. After sustaining demurrers to several versions of McBride’s complaint, the last without leave to amend, the trial court entered judgment in favor of the Smiths. On appeal, we conclude that McBride stated causes of ac... More...

$0 (01-04-2018 - CA)

J. Brent Arave v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Plaintiff and appellant, J. Brent Arave, brought several claims under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) against his former employers, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), Bank of America (BoA), his supervisor Joseph Holsinger, and a human resources supervisor, Katherine Anderson (collectively, defendants). He... More...

$0 (01-04-2018 - CA)

Department of Forestry and Fire Protection v. Eunice E. Howell

A wildfire started in Plumas County on September 3, 2007, and burned approximately 65,000 acres over the course of multiple weeks. This fire, dubbed the “Moonlight Fire,” was at the center of several actions filed by plaintiffs Department of Forestry and Fire Protection (Cal Fire), Grange Insurance Association, and multiple landowners 1 in 2009 and 2010 against defendants E... More...

$0 (12-07-2017 - CA)

Janice Dickinson v. William H. Cosby, Jr., Martin D. Singer

Plaintiff Janice Dickinson went public with her accusations of rape against William H. Cosby, Jr. Cosby, in turn, through his attorney, Martin Singer, reacted with (1) a letter demanding media outlets not repeat Dickinsonï¿½s allegedly false accusation, under threat of litigation (ï¿½demand letterï¿½); and (2) a press release characterizing Dickinsonï¿½s rape accusa... More...

$0 (11-27-2017 - CA)

The Traveler's Property Casualty Company of America v. Actavis, Inc.

The United States faces an epidemic of addiction, overdosing, death, and other problems brought on by the increasing use and abuse of opioid painkillers. This epidemic has placed a financial strain on state and local governments dealing with the epidemic’s health and safety consequences. To seek redress for the opioid epidemic, the County of Santa Clara and the County of Orange b... More...

$0 (11-07-2017 - CA)

Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California Legislature to protect and manage groundwater supplies within its territory, which covers most of Orange County, California. The District and other regulatory agencies have long been aware of localized groundwater contamination caused by hazardous substance releases at various sites in the so-called "South Ba... More...

$0 (08-26-2017 - CA)

Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California Legislature to protect and manage groundwater supplies within its territory, which covers most of Orange County, California. The District and other regulatory agencies have long been aware of localized groundwater contamination caused by hazardous substance releases at various sites in the so-called "South Ba... More...

$0 (08-07-2017 - CA)

Cherrity Weatherford v. City of San Rafael

In California, concerns about improper government expenditures can give rise to more than just criticism in the public sphere or complaints to elected officials. Under Code of Civil Procedure section 526a, 1 certain individuals and corporations also have a right to pursue legal actions enjoining wasteful or illegal expenditures by government entities. Whether someone can us... More...

$0 (06-11-2017 - CA)

Cherrity Weatherford v. City of San Rafael

In California, concerns about improper government expenditures can give rise to more than just criticism in the public sphere or complaints to elected officials. Under Code of Civil Procedure section 526a, 1 certain individuals and corporations also have a right to pursue legal actions enjoining wasteful or illegal expenditures by government entities. Whether someone can us... More...

$0 (06-08-2017 - CA)

Prem Bikkina v. Jagan Mahadevan

Appeal from the denial of special motion to strike pursuant to California’s anti-SLAPP statute. I. INTRODUCTION Appellant Jagan Mahadevan (Mahadevan) appeals from the denial of his special motion to strike pursuant to California’s anti-SLAPP statute (Code Civ. Proc., § 425.16) filed in response to respondent Prem Bikkina’s (Bikkina) complaint alleging that Mahadevan made... More...

$0 (10-13-2015 - CA)

Levi Family Partnership, L.P. v. City of Los Angeles

After the South Valley Area Planning Commission (Commission) declined to approve an eldercare facility proposed by appellant Levi Family Partnership, appellant sought administrative mandamus against respondent City of Los Angeles (City). In denying mandamus, the trial court concluded that the Commission’s findings were adequate to support its decision. We affirm the judgment entered by the cou... More...

$0 (10-13-2015 - CA)

Levi Family Partnership v. City of LA

The principal issues concern the application of Los Angeles Municipal Code section 14.3.1, which the Los Angeles City Council enacted in 2006. Prior to the enactment of that provision, developers seeking to build eldercare facilities often had to obtain several permits or variances. (Walnut Acres Neighborhood Assn. v. City of Los Angeles (2015) 235 Cal.App.4th 1303, 1306 (Walnut Acres).) In 20... More...

$0 (10-12-2015 - CA)

Bikkina v. Mahadevan

We begin with the facts alleged in the complaint. In 2007, Bikkina entered a Ph.D. program at the McDougall School of Petroleum Engineering at the University of Tulsa (University). Mahadevan was his dissertation advisor and supervisor from 2007 to 2010. Bikkina complained that Mahadevan was repeatedly reassigning him to different projects and requested a new advisor, which he was given in May 2... More...

$0 (10-09-2015 - CA)

Johnson v. U.S. Steel Corp

Benzene was first discovered and isolated from coal tar in the 1800’s but, today, is derived mostly from petroleum. (U.S. Dept. of Health & Human Services, Toxicological Profile for Benzene (2007) <http://www.atsdr.cdc.gov/toxprofiles/tp3.pdf> [as of Sep. 1, 2015], p. 2 (Benzene Profile).) It is a colorless liquid with a sweet odor that is widely used in the United States in the manufacture of ... More...

$0 (09-02-2015 - CA)

The People. v. Seumanu

Nolan Pamintuan was engaged to marry Rowena Panelo on May 18, 1996. He spent the evening before, May 17, with friends and family at the rehearsal dinner at a restaurant in Daly City. Panelo gave him a wedding present that night: a black Movado watch engraved with their intended wedding date. After dinner, Pamintuan drove Panelo to her apartment and continued on to Hayward, where he intended to... More...

$0 (08-24-2015 - CA)

Fluor Corporation v. Super. Ct

For many decades the original Fluor Corporation performed engineering, procurement, and construction (EPC) operations through various corporate entities and subsidiaries. Beginning in 1971, Hartford became one of numerous insurers of the original Fluor, issuing to it 11 “comprehensive general liability” (CGL) policies from mid-1971 to mid-1986. Each policy covered, among other things,... More...

$0 (08-20-2015 - CA)

Rita Marshall v. County of San Diego

1. J.J. is placed in Marshall's Care J.J. was born on November 22, 2003. Within days of his birth, the trial court declared J.J. a dependent of the court and the Agency placed him with Marshall. In June 2004, Marshall informed the Agency that she wanted to adopt J.J. Throughout his placement with Marshall, respondent Noreen Harmelink, the primary social worker assigned ... More...

$0 (07-22-2015 - CA)

Marvalyn Decambre v. Rady Children's Hospital-San Diego

Marvalyn DeCambre, M.D., appeals a judgment entered after the trial court granted special motions to strike pursuant to Code of Civil Procedure section 425.161 brought by defendants Rady Children's Hospital-San Diego (RCHSD), Children's Specialist San Diego (CSSD) and the Regents of the University of California (Regents) (collectively, defendants), and also sustained defendants' demurrers to certa... More...

$0 (03-11-2015 - CA)