Case Review

McCune & Harber, LLP

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Defense Verdict For University In Bicycle Accident Trial

Plaintiff, a college student, was riding his mountain bike at night on a university campus.  He rode off a bike path and into a landscaped area, lost control of his mountain bike and then suffered a spinal cord injury in a crash.  The university was ...

Summary Judgment Granted In Spilled Soup Case

Summary Judgment was granted in favor of defendant food and beverage store in a claim involving a slip and fall on spilled soup.  The Court found the store did not have actual or constructive notice of the alleged dangerous condition, as a store employee inspected the area within 2 ...

Motion To Withdraw Civil Service Appeal Denied

Successful defeat of an Appellant’s motion to withdraw his Civil Service Appeal in the face of the Proposed Decision in the defendant’s favor.  The CSC denied the Appellant’s motion and adopted the Proposed Decision.

District Prevails On Motion For Summary Judgment On Grounds Complaint Did Not Comply With Government Claims Act

Plaintiff initially presented a Claim for Damages based on the school nurse’s response to his playground injury.  Plaintiff abandoned that theory and proceeded to file a lawsuit based on the alleged condition of the playground.  The District prevailed on a Motion for Summary Judgment on ...

Employer Prevails In Administrative Trial Against Instructor Alleging Wrongful Termination Because Of Arthritis

Plaintiff, a tenured Office Administration Instructor for over 21 years alleged that she was wrongfully terminated because of her reported rheumatoid arthritis and without sufficient cause, in violation of the Education Code.  Plaintiff denied any progressive discipline and denied the allegations that she (1) did ...

Demurrer Upheld Against Plaintiff Who Alleged Wrongful Termination

Plaintiff alleged he was wrongfully terminated, in violation of Penal Code §290.4, 290.46 and Civil Code §52.1, after his employer was made aware that his photograph and/or information was posted on the Megan’s Law Website.  Employer’s Demurrer was granted, without leave to amend.  The grant ...

Motion For Summary Judgment Upheld Against Plaintiff Who Alleged Retaliation

Plaintiff, a Caucasian Fire Captain, alleged he was harassed and retaliated against by the Fire Department and African American Fire Captain after Plaintiff reported the illegal and unauthorized conduct of the African American Captain and his subordinates, in violation of the  Fair Employment and Housing ...

Motion For Summary Judgment Upheld Against Plaintiff Who Alleged Retaliation

A Caucasian Fire Captain who had been employed with the defendant for almost 20 years, alleged retaliation and harassment in violation of the Fair Employment and Housing Act after he protested the transfers of two Caucasian Fire Captains.  A Motion for Summary Judgment was granted ...

Motion For Summary Judgment Granted Against Plaintiff Who Alleged Discrimination Due To Non-Promotion

Plaintiff alleged discrimination in violation of the Fair Employment and Housing Act for being passed over for promotion since 2004 due to his national origin and race.  Defendant prevailed on a Motion for Summary Judgment.

Defense Verdict For University In Bicycle Accident Trial

Plaintiff, a college student, was riding his mountain bike at night on a university campus.  He rode off a bike path and into a landscaped area, lost control of his mountain bike and then suffered a spinal cord injury in a crash.  The university was represented by McCune & Harber.  Plaintiff alleged that this part […]

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Summary Judgment Granted In Spilled Soup Case

Summary Judgment was granted in favor of defendant food and beverage store in a claim involving a slip and fall on spilled soup.  The Court found the store did not have actual or constructive notice of the alleged dangerous condition, as a store employee inspected the area within 2 to 3 minutes before plaintiff fell.  […]

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Motion To Withdraw Civil Service Appeal Denied

Successful defeat of an Appellant’s motion to withdraw his Civil Service Appeal in the face of the Proposed Decision in the defendant’s favor.  The CSC denied the Appellant’s motion and adopted the Proposed Decision.

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District Prevails On Motion For Summary Judgment On Grounds Complaint Did Not Comply With Government Claims Act

Plaintiff initially presented a Claim for Damages based on the school nurse’s response to his playground injury.  Plaintiff abandoned that theory and proceeded to file a lawsuit based on the alleged condition of the playground.  The District prevailed on a Motion for Summary Judgment on the basis that the Complaint did not comply with the […]

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Employer Prevails In Administrative Trial Against Instructor Alleging Wrongful Termination Because Of Arthritis

Plaintiff, a tenured Office Administration Instructor for over 21 years alleged that she was wrongfully terminated because of her reported rheumatoid arthritis and without sufficient cause, in violation of the Education Code.  Plaintiff denied any progressive discipline and denied the allegations that she (1) did not show up to her classes on time or at […]

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Demurrer Upheld Against Plaintiff Who Alleged Wrongful Termination

Plaintiff alleged he was wrongfully terminated, in violation of Penal Code §290.4, 290.46 and Civil Code §52.1, after his employer was made aware that his photograph and/or information was posted on the Megan’s Law Website.  Employer’s Demurrer was granted, without leave to amend.  The grant of the Demurrer was upheld on Appeal.

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Motion For Summary Judgment Upheld Against Plaintiff Who Alleged Retaliation

Plaintiff, a Caucasian Fire Captain, alleged he was harassed and retaliated against by the Fire Department and African American Fire Captain after Plaintiff reported the illegal and unauthorized conduct of the African American Captain and his subordinates, in violation of the  Fair Employment and Housing Act, Civil Code 52.1 and Labor Code 1102.5.  Plaintiff alleges […]

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Motion For Summary Judgment Upheld Against Plaintiff Who Alleged Retaliation

A Caucasian Fire Captain who had been employed with the defendant for almost 20 years, alleged retaliation and harassment in violation of the Fair Employment and Housing Act after he protested the transfers of two Caucasian Fire Captains.  A Motion for Summary Judgment was granted in favor of the defendant employer.  The decision was upheld […]

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Motion For Summary Judgment Granted Against Plaintiff Who Alleged Discrimination Due To Non-Promotion

Plaintiff alleged discrimination in violation of the Fair Employment and Housing Act for being passed over for promotion since 2004 due to his national origin and race.  Defendant prevailed on a Motion for Summary Judgment.

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Minor’s Claims For Severe Brain Injury During Football Game Barred Because Claim Untimely

A minor plaintiff sustained a severe brain injury during a tackling play in a high school sanctioned football game.  The plaintiff failed to timely file a Claim for Damages, and thus petitioned the Court for relief from failure to timely file a Claim for Damages.  The District successfully opposed the Petition, and the Court preemptively […]

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