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SOUTHERN CALIFORNIA RECORD

Sunday, May 5, 2024

Latest News


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CA Supreme Court says car buyers can demand to keep trade-in credits under 'lemon law' verdicts

By Jonathan Bilyk |
Automaker Stellantis/FCA had argued such a ruling would essentially allow car buyers to profit when they buy defective cars, trade them in toward the purchase of other vehicles, and then sue under the lemon law for a full refund.

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Another win for Netflix, Hulu as they fight attacks from private lawyers and local governments

By John O'Brien |
LOS ANGELES (Legal Newsline) - The wildly unsuccessful litigation strategy that would have streaming providers like Netflix and Hulu pay franchise fees designed for cable TV providers has failed again.

State Court

California cities can't bring class action to force Netflix, Hulu, other streamers to pay cable TV franchise fees

By Jonathan Bilyk |
A state appeals court has pulled the plug, for now, on efforts by trial lawyers and California cities to force streaming entertainment services, like Netflix, to pay the fees normally levied by state law on cable TV companies

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California Supreme Court says employers can't beat PAGA suits by claiming they are not 'manageable'

By Scott Holland |
The decision narrows the ability of employers to beat the sometimes sprawling lawsuits, increasing the likelihood they will get sued and the likelihood that they will need to pay to defend or settle the actions under California's controversial PAGA law

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Appeals panel: Judge can shut down major LA shipping terminal over environmental mitigations

By Jonathan Bilyk |
A state appeals court says a San Diego judge improperly restrained himself from crafting a harsher "remedy" to address alleged mishandling of environmental mitigation at the Port of L.A.'s China Shipping terminal.

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No study, no problem: Court allows experts to link any cancer to diesel exhaust

By Daniel Fisher |
SAN DIEGO (Legal Newsline) - There’s no need for expert witnesses to point to a specific study showing a substance causes a disease as long as they have a reasonable basis for believing the two are connected, a California appeals court ruled, reversing a trial judge’s disqualification of experts who linked diesel exhaust to blood cancer.

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California Supreme Court says drug abuse alone not enough to justify removing kids from parents

By Scott Holland |
Unanimous ruling sends father's lawsuit back to appellate court for reconsideration under new framing of legal standard that did away with the so-called tender years presumption.

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Enviros can't undo California rule intended to lessen electric bill pain for most customers

By Jonathan Bilyk |
A state appeals panel says it won't second-guess a state commission's decision to reduce the amount paid to homeowners with solar power systems to hold down bills for all other customers who had been paying more to pay for others' home solar arrays

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Handwritten business agreement drafted in coffee shop is valid, court finds

By Daniel Fisher |
LOS ANGELES (Legal Newsline) - A two-page, handwritten document drafted in a coffee shop is a valid contract between men who discussed buying a collection of gas stations for more than $12 million, a California appeals court ruled, reversing a trial court that found the document was too imprecise to enforce.

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$12 million verdict over broken roof hatch reversed; Mall owner not to blame

By Daniel Fisher |
LOS ANGELES (Legal Newsline) - With narrow exceptions, property owners can’t be liable for injuries suffered by independent contractors working on their premises, a California appeals court ruled, reversing a $12.6 million jury verdict won by an electrical worker who was injured when a heavy roof hatch fell on him.

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Bonta under fire: Cal Policy Center asks state bar to investigate AG's use of law against parents

By Sarah Downey |
As parents continue efforts to push for inclusion in key decisions on how their children want to gender identify, California Attorney Gen. Rob Bonta is suing to quash it, leading to a state Bar complaint that challenges the AG’s use of the legal system against parents.

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No lawsuit for woman who went bottoms up on bottomless mimosas

By Daniel Fisher |
RIVERSIDE, Calif. (Legal Newsline) - A woman who suffered paralyzing injuries after consuming a large amount of alcohol and plunging from a parking garage has no case against the owner of the structure, a California appeals court ruled, reversing a trial judge who said there were fact questions about whether private security guards should have protected her.

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Press release hyping overdose drug not protected speech, Calif. court rules

By Daniel Fisher |
RIVERSIDE, Calif. (Legal Newsline) - A company that issued news releases touting a new treatment for opioid overdoses can’t protect itself against lawsuits by citing a California law shielding statements of general public interest, an appeals court ruled.

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Bar not to blame over killing of man it bounced an hour earlier

By Dan Fisher |
RIVERSIDE, Calif. (Legal Newsline) - Parents of a man who was killed after encountering his assailants from an earlier fight can’t recover money from the bar where the initial fracas occurred, a California appeals court ruled.

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California sues energy companies over 'climate' problems; 'Kitchen sink' lawsuit a 'political stunt,' industry says

By Michael Carroll |
Energy companies say the state's lawsuit is little more than a "meritless, politicized" effort to extract big paydays from oil and gas companies, while accomplishing little to address the alleged problems caused by "climate change"

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California Supreme Court Rejects State Bar Rule Changes

By Southern California Record |
California Supreme Court Rejects State Bar Rule Changes

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'Tester' law firm loses another lawsuit over website access for the blind

By Daniel Fisher |
SAN DIEGO (Legal Newsline) - A California appeals court rejected a lawsuit by serial plaintiffs who claimed a website discriminated against them by failing to provide proper access to the blind, ruling the Americans with Disabilities Act doesn’t cover websites.

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No free-speech protection from lawsuit against 'Bling Empire' producers

By Daniel Fisher |
LOS ANGELES (Legal Newsline) - California’s law allowing for the quick dismissal of lawsuits challenging free speech won’t protect the producers of “Bling Empire” from a lawsuit by Kelly Li, onetime star of the reality series.

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Paralyzed man loses lawsuit against Newport Beach over headfirst dive into shallow water

By John O'Brien |
SANTA ANA, Calif. (Legal Newsline) - A California city can't be sued by a man who was paralyzed when he dove headfirst into shallow water in Newport Bay, an appeals court has ruled.

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California Supreme Court rule to report attorney misconduct takes effect, to avoid repeat of Girardi debacle

By Sarah Downey |
A new rule from the California Supreme Court requires increased oversight among attorneys, a mandate long present in other states, and now here following high profile cases of wrongdoing including now disbarred attorney Thomas Girardi.