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Under California’s Quiet Title Act, a third party who acts in reliance on a quiet title judgment retains its property rights even if that quiet title judgment is later declared void as.
LOS ANGELES (Legal Newsline) - A Rite Aid worker who sued her former employer for wrongful dismissal and emotional distress won nearly $6 million in a third trial after an appeals court sent two previous verdicts back for reconsideration.
The victory was especially sweet for plaintiff Maria Martinez, since the second jury awarded her only $341,000 on the same claims. A California appeals court recently left the third verdict largely intact, reversing only a minor portion of the award for lost wages.
Martinez sued Rite Aid and her former supervisor in 2008, claiming she was subjected to “outrageous conduct” including the intentional infliction of emotional distress, discrimination, sexual harassment and wrongful termination. A Los Angeles jury awarded her $3.4 million in compensatory damages and $4.8 million in punitives but Rite Aid appealed and the Second Appellate District reversed, ordering a retrial on the question of damages for wrongful dismissal and intentional inflict
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Whether Amazon can be held strictly liable for products sold by third parties through its website is a question courts often face. In
Loomis v. Amazon.com, LLC, No. 297995, 2021 Cal. App. LEXIS 347 (Apr. 26, 2021), the Court of Appeal of California, Second Appellate District (Second District), held that, under the circumstances, Amazon could be held strictly liable.
In this case, Kisha Loomis (Loomis), purchased a hoverboard on Amazon’s website from a seller identified as TurnUpUp in November of 2015. TurnUpUP was a name used by SMILETO, a company based in China, to sell its products on Amazon. Loomis communicated about the timing of the delivery through Amazon’s website and Forrinx Technology (USA) shipped the hoverboard to Loomis. On New Year’s Eve, Loomis’ son plugged the hoverboard in to an outlet in Loomis’ bedroom and later that night, Loomis’ boyfriend discovered a fire burning in the bedroom. Loomis
(Image by Egor Shitikov from Pixabay via Courthouse News)
(CN) California’s novel coastal protection law the California Coastal Act protects public access along the state’s entire 840-mile coast and ensures affordable accommodations are available to visitors.
Even though the 1976 law was enacted decades before popular home sharing apps like AirBnB and Vrbo turned the vacation lodging industry on its head, a state appellate court Tuesday found it effectively protects the rights of private property owners to rent their coastal residences to vacationers.
In an 11-page order, Second Appellate District Judge Steven Perren was joined by Judges Kenneth Yegan and Martin Tangeman in upholding a trial court’s decision that enjoined Santa Barbara’s 2015 law regulating short-term vacation rentals as “hotels” under its municipal code an effective ban on the income properties in the coastal zone.