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San Diego Superior Courts

Central Courthouse (Downtown San Diego)
220 West Broadway
San Diego, California 92101

Hall of Justice (Downtown San Diego)
330 West Broadway
San Diego, California 92101

East County Regional Center (El Cajon)
250 East Main Street
El Cajon, California 92020

North County Regional Center (Vista)
325 South Melrose
Vista, California 92081

South County Regional Center (Chula Vista):
500 3rd Avenue
Chula Vista, California 91910

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LATEST McMILLAN LAW BLOG ENTRIES


California unfair competition law
California's unfair competition law (UCL) is codified at California Business and Professions Code section 17200 et seq. The UCL prohibits any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising.
Park Ranger is denied personal injury claim under the Labor Code for injury that occurred off duty.
Workers' compensation exclusivity rule of Labor Code Sec. 3602 bars civil action by park ranger against state for injuries he sustained as a result of slipping and falling due to allegedly dangerous condition in residence provided by state as an employment benefit; under "bunkhouse rule," where an employee whose housing is provided by the employer is injured as a result of defective condition of such housing, the injury "arises out of" the employment even if it occurs on employee's day off.
Objection to Franchise Tax Board's claim for unpaid taxes is overruled.
Tax Liability Interest Accrues from Tax Due Date, and is entitled to priority status where the interest accrued 240 days pre-petition.
New decision on costs and effects of rejection of CCP 998 offer
Peterson v. John Crane discusses the different capacities that a plaintiff or defendant may participate as a party in a lawsuit.
Giovanni B. v. Superior Court (City of Chula Vista Police Department)
Decision affirming trial court refusal to allow discovery into police officers that had arrested a minor for suspicion of violating curfew laws.
Supreme court in Perez-Torres v. State of California rules against immunity for holding innocent prisoners.
The California Supreme Court ruled that there exists no immunity for torts committed by a state actor where he or she holds person arrested under a mistake in identity and does not release upon discovery of the mistake in identity.
Class certification decision overruled in part and affirmed in part as to truck driver's claim for unpaid overtime and meal breaks.
Writ proceeding in the Court of Appeals addressing a denial of a class certification claim where it was undisputed that truck drivers often worked more than eight hours per day. Court found as to legal issues involved where facts were undisputed, it was an abuse of discretion by the trial court to deny class certification.
Court overturns summary judgment in favor of lender in WRI Opportunity Loans II LLC v. Cooper
Court of appeals reversed a trial court's ruling granting summary judgment after the trial court found that a guaranty was enforceable. The court of appeals found that the subject loan did not meet the statutory requirements for a shared appreciation loan, and trial court erred in concluding the loan was exempt from the usury law on that basis where the terms guaranteed lender a usurious rate of interest. Rule against the enforcement of unlawful transactions precludes guarantor from waiving usury defense.
Benitez v. Wilbur, 2008 U.S. Dist. LEXIS 15018
US District Court
Murphy v. Burch - No easement by necessity for the owner of a landlocked parcel.
The court of appeals reversed the trial court's ruling in finding that the Plaintiff did not establish claim of "easement by necessity" against the defendant owner of neighboring property despite the plaintiff's lack of access to a public road, where plaintiff's predecessor in interest obtained the property by patent grant from the federal government. The patent grant from the federal government did not include any grant of an easement over the access road from that property to the nearest public road. The only access road ran across the neighboring property owned by defendants' predecessor in interest. At no time in the past had there been any express grant of an easement from the plaintiff?s property over the defendants' property to that state highway, nor had there been an acquisition of an easement by prescription in favor of the plaintiff's property, so that plaintiff's property became "landlocked" without any express or prescriptive easement across defendants' neighboring property to the state highway.
Amazing settlement offers.
After the jury holds Verizon Directory Sales West Inc. and its successor Idearc Directory Sales West Inc. liable for wrongfully failing to tender wages, and conversion of its former sales representative's wages, its attorneys suggest that Sean Ryan abandon his efforts. Verizon - Idearc walk away despite winning letter
Court of Appeals reverses trial court grant of order striking complaint in Freeman v. Schack
Fourth District Court of Appeal reverses a ruling granting an order to strike a complaint against an attorney for malpractice. The Court found that the anti-SLAPP statute was not triggered where the plaintiff?s cause of action was primarily based on the defendant?s undertaking to represent a party with interests adverse to the plaintiffs in violation of the duty of loyalty owed to plaintiffs through prior litigation.
Parlour Enterprises, Inc. v. The Kirin Group, Inc. - Farrell's franchisor obtains a reduction of damages on appeal.
Court of appeal reduces award of damages following an appeal on a jury verdict in favor of a franchisee and against a franchisor.