DISCRIMINATION: HRC’s award of $80,000 for sex discrimination by female supervisor’s touching of male subordinate and $20,000 for retaliation for complaining affirmed… $360,072.65 attorney fees/costs affirmed… HRC affirmed, Reynolds affirmed, reversed. [Read more…]
Archives for 2021
Water, disputed point of diversion
WATER: Location of disputed point of diversion properly resolved in favor of claimants… Russ McElyea affirmed. [Read more…]
Marital, 2020 interpretation of 1995 PSA
MARITAL: Interpretation of 1995 PSA affirmed and reversed… Cuffe affirmed, reversed (IOR I-3(c)). [Read more…]
DUI, public housing parking spot, remote key fob
DUI: Sufficient evidence that intoxicated person sleeping in car in public housing parking lot was in “way of this state open to the public” and had ability to start car with key fob found on seat… mistrial properly found not warranted by Prosecutor’s attempt to admit hearsay evidence from Nissan website to suggest perjury by Defendant’s marital partner that she unlocked car with another key fob from inside apartment to let Defendant sleep it off… Parker affirmed. [Read more…]
Child pornography, prison to assure supervision
CHILD PORNOGRAPHY: 40-year prison term properly imposed out of concern that statutory amendments would “short-circuit” Judge’s goal of long-term supervision… Jones affirmed (IOR I-3(c)). [Read more…]
Discovery, motorcycle/van dilatory responses
DISCOVERY: Motorcycle/auto suit dismissed with prejudice as sanction for California pro hac vice’s dilatory discovery responses… attorney fees denied in light of significance of dismissal… Souza. [Read more…]
Defense verdict, dog bite
VERDICT: Defense, dog bite, puncture wounds to hand and wrist. [Read more…]
Settlements
Plan I
Babbitte Burbank, multiple, 9/19, disputes as to additional benefits, nature & extent of any benefits owed, $75,000 for all claims, stipulated judgment; Michael Bliven for Burbank, Kelly Wills for MCCF [Read more…]
Expungement, speeding non-crime/misdemeanor
EXPUNGEMENT: Speeding is not a crime, thus Petitioner has not shown that he has a misdemeanor to expunge in 11th Judicial District, Petition to expunge all unspecified misdemeanors properly dismissed for improper venue… Eddy affirmed. [Read more…]
Appeal procedure, rehearing brief word count fudging
APPELLATE PROCEDURE: Word count in petition for rehearing improperly fudged with hyphens… order. [Read more…]