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Under CCP 340.5, the statute of limitations on a medical malpractice claim expires at the earlier of three years from the date of injury or one year from the date of discovery.  Injury from the failure to diagnose a latent, progressive condition occurs “when the undiagnosed condition develops into a more serious condition,” and that more serious condition is made… Read More

There was no due process violation in the city's hiring outside counsel on an hourly fee basis to prosecute nuisance abatement suits.  Also, a fee award to the City as the prevailing party in the litigation was not an undue burden on the defendant's First Amendment right to petittion government by defending the nuisance abatement suit.  Health & Safety Code… Read More

A person who buys the property from the former landlord may sue a defaulted tenant for unlawful detainer based on a notice to quit which the former landlord served on the tenant before selling the property to the buyer/plaintiff.  Furthermore, the notice to quit is not defective for failing to name the person to whom the property is to be… Read More

Under the Uniform Voidable Transfer Act, a "transfer" made with actual intent to defraud creditors is voidable.  This decision holds that the statutory term "transfer" does not impose any requirement that property be transferred from a debtor to a third party.  Instead, a transfer from the debtor to himself can qualify as a voidable "transfer" for purposes of the UVTA… Read More

During a political campaign, one candidate's election manager wrote a letter to the editor, posted to websites and sent emails accusing plaintiff of having used his charitable foundation to make contributions to city council members in return for their voting to have plaintiff's company named as the contractor for a large construction project.  This decision holds that the trial court… Read More

The trial court erred in granting defendant summary judgment on the issue of duty of care when defendant moved for summary judgment, and its statement of undisputed facts related, only to the different issue of causation.  A court may grant a summary judgment motion on an issue not raised by the moving party, but only if the moving party's statement… Read More

Defendant waived its right to compel arbitration by participating in a putative class action for 24 months after service before moving to compel arbitration.  It could not excuse the delay on its belated discovery of the arbitration agreement bearing plaintiff's signature sisnce it alleged arbitration as an affirmative defense in its answer, knew that when plaintiff was hired its policy… Read More

This decision reverses a judgment confirming an arbitration award on the ground that the award violates public policy.  The award interpreted a provision of the union's memorandum of understanding with plaintiff department to mean that after one year the employing state agency not only had to delete negative material from the employee's file but also barred the agency from retaining… Read More

The federal Defend Trade Secrets Act of 2016 (18 USC 1831 et seq.) proscribes the wrongful acquisition, disclosure or use of a trade secret without the owner's permission.  Unlike the Uniform Trade Secrets Act, the DTSA does not contain a provision expressly disallowing claims for continued unpermitted use of the trade secret after the DTSA's enactment, if the use began… Read More

The trial court properly confirmed an arbitration award.  Contrary to the loser's claim, the fact that many years before the arbitrator had been a founding member of and lawyer for GLAAD, an LBGTQ organization, was not a fact that the arbitrator should have disclosed as showing potential for bias.  The case did not involve any LBGTQ issues, and the loser's… Read More

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