CA Unpub Decisions
California Unpublished Decisions
A petition for writ of mandate in which Appellants alleged that respondent, the Chief of San Francisco's Fire Department (Department), failed to enforce substance abuse policies of the City of San Francisco and the San Francisco Fire Department. The trial court sustained, without leave to amend, this demurrer, holding that mandamus would not lie to compel the enforcement of Department and City substance abuse policies. Appellants contend the trial court erred in reaching this conclusion. They also argue that the trial court abused its discretion when it refused to allow them to file an amended petition. Finding no error, Court affirm.
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The post-judgment order awarding attorney's fees to respondents is based on statutory provisions permitting fee awards when a claim of misappropriation of trade secrets is made in bad faith. Here, the appellate record does not support the trial court's finding of bad faith and this court therefore reverse the fee award.
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Believing plaintiffs' counsel in a class action had an actual conflict of interest by representing two cross-defendants as well as the plaintiff class, defendants sought an order disqualifying counsel. The trial court granted the motion in part, concluding a potential for a conflict existed and requiring plaintiffs' counsel to choose between representing the class and representing the cross-defendants. Plaintiffs' counsel chose to continue representing the class, and withdrew from the representation of the cross‑defendants. Defendants appealed, arguing plaintiffs' counsel possessed an actual conflict and should have been disqualified from representing both the class and the cross-defendants. While the appeal was pending, plaintiffs' counsel withdrew from the representation of the class. As plaintiffs' counsel no longer represents any party in the litigation, the issue of whether the trial court erred in failing to order disqualification is moot. Court therefore dismiss the appeal.
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A decision regarding declaring a child dependents of the court based on sustained allegations of risk of physical harm due to mother's drug abuse and knowing exposure to risk of sexual abuse by maternal grandfather and risk of sexual abuse due to knowing exposure to risk of sexual abuse by maternal grandfather.
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Regular: 77268
Last listing added: 06:28:2023