litigation privilege california

6377 results for litigation privilege california

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  • California Supreme Court Rules State Litigation Privilege Doesn't Preempt Local Eviction Ordinance

    A state litigation privilege does not completely preempt a municipal ordinance authorizing civil and criminal penalties against landlords who maliciously serve notices of eviction, the California Supreme Court has ruled. The plaintiff, a landlord association, filed a class action alleging the City of Santa Monica had a custom or practice of threatening landlords under the city ordinance for...

  • Litigation Privilege Bars Invasion of Privacy Claim, California Supreme Court Finds

    The litigation privilege bars tort claims over a letter written by the supervisor of a county witness protection program in connection with a family law dispute over visitation rights, the California Supreme Court has ruled. The letter provided information taken from a statewide victims- of-crime database regarding whether a man being considered for visitation had molested his nephew a decade...

  • Citizens For Ceres v. Superior Court: New California Court Of Appeal Opinion Addressing Privilege Issues In Connection With Review Under California's Environmental Quality Act Will Have Lasting Impact On Litigation Involving Land Use Entitlements
  • California Court of Appeal: Threat of Lawsuit Can't Support Defamation Claim Against Attorney

    California's anti-SLAPP statute and litigation privilege bar a defamation claim based on an attorney's voicemail message accusing a party to litigation of fraud, the California Court of Appeal has ruled. The attorney was representing the son of a deceased restaurant operator in an ongoing dispute with his sister concerning the distribution of their father's assets. In the context of that dispute, ...

  • Northern District Of California Decision Highlights Wisdom Of Analyzing Both Privilege And Work Product Protection
  • Miranda v. Arizona, 384 U.S. 436 (1966)

    ...584, California v. Stewart, on certiorari to the Supreme Court of California, ... safeguards effective to secure the Fifth Amendment's privilege against self-incrimination. Pp. 444-491. (a) The atmosphere and ... evidence, minus the confession, is put to the test of litigation. I have no desire whatsoever to share the responsibility for any ...

  • Fourteenth Amendment. Section 1: Privileges and immunities of citizenchip, due process and equal protection

    ...California four Justices were prepared to rely on the clause. In many other respects, however, claims based ...In litigation embracing the latter type of legislation, the Court would also tend to shift the burden of proof, ...

  • Section 2: Powers and Duties of the President

    ... the exception of his suspension of the habeas corpus privilege, which was regarded by many as attributable to the President in ... the North American Aviation Plant at Inglewood, California, where, on account of a strike, production was at a standstill. ... While no opinion of the Court bars future litigation, it appears that the political question doctrine or some other ...

  • Fifth Amendment: Rights Of Persons

    ...Privileges of 1683, which was passed by the first assembly permitted to be ... But in Griffin v. California , the Court refused to permit prosecutorial or judicial comment ...at 443. First developed in civil litigation, the doctrine was applied in a criminal case in United States v. ...

  • Section 1: Legislative Powers

    .... The most extensive amount of litigation in this area has involved the privilege against self- ...California, 373 U.S. 546 , 625 -26 (1963) (Justice Harlan dissenting in ...

  • J. McIntyre Machinery, Ltd. v. Nicastro, 564 U.S. (2011)

    ... arises with great frequencyin the routine course of litigation. The rules and standards for determining when a State does or ... which the defendant "purposefully avails itselfof the privilege of conducting activities within the forumState, thus invoking the ... commodities imported into the United States,after California, Texas, and New York. Id., FT-900 Supplement, p. 3. GINSBURG, ...

  • Section 2: Judicial Power and Jurisdiction

    ... invasion, or one founded in a statute which confers a privilege." The problem was that the "legal right" language was ... .- Usually, one may assert only one's interest in the litigation and not challenge the constitutionality of a statute or a ... of a suit brought by the United States against California to determine the ownership of and paramount rights over the ...

  • City Of Ceres: California Appeals Court CEQA Decision Complicates Whether Agencies' Communications With Developers Are Privileged

    ...The court reasoned that the agency's attorney disclosing advice on CEQA compliance to the project applicant's attorney in a "joint endeavor to defend the EIR in litigation can reasonably be said to constitute involvement of third persons to whom disclosure is reasonably necessary to further the purpose of the [original] legal consultation." Although certain aspects of ...

  • Section 8: Powers of Congress

    ... where the Court sustained an act of Congress taxing the privilege of doing business as a corporation, the tax being measured by the ...California , and United States v. Appalachian Power Co. In the former, ... . The litigation growing out of these and subsequent activities settled several ...

  • First Amendment: Religion And Free Expression

    ... drives," has also occasioned a substantial amount of litigation in the Court. In its first two encounters, the Court voided one ...California , a state law was voided on grounds of its interference with ... Justice Stewart argued that the Sullivan privilege is exclusively a free press right, denying that the ...

  • Fourth Amendment: Search And Seizure

    ... . Much litigation has concerned the sufficiency of the complaint to establish ...In Ker v. California , the Court considered the rule of announcement as a ... is to grant the right but in reality to withhold its privilege and enjoyment." Further, the Court then held that since ...

  • Twenty-First Amendment: Repeal Of The Eighteenth Amendment

    ...Young's Market Co., a California statute was upheld which exacted a $500 annual license fee for e privilege of importing beer from other States and a $750 fee for the ... attack under federal legislation must await further litigation. . . Congress may condition receipt of federal highway funds on ...

  • Branzburg v. Hayes, 408 U.S. 665 (1972)

    ... does not afford him a constitutional testimonial privilege for an agreement he makes to conceal facts relevant to a grand ... by a federal grand jury in the Northern District of California to respondent Earl Caldwell, a reporter for the New York Times ... Investigations, Criminal Prosecutions and Private Litigation, 58 Calif. L. Rev. 1198 (1970); Note, The Right of the Press to ...

  • Alden v. Maine, 527 U.S. 706 (1999)

    ... conclude that States are not entitled to a reciprocal privilege. Underlying constitutional form are considerations of great ... parties designated, that were properly susceptible of litigation in courts"). The Court's decision "fell upon the country with a ...In Hall we considered whether California could subject Nevada to suit in California's courts and ...

  • Daimler AG v. Bauman, 571 U.S. (2014)

    ... are twenty-two residents of Argentina whofiled suit in California Federal District Court, naming as a defendantDaimlerChrysler ... The litigation commenced in 2004, when twenty-two Argentinian residents1 filed a ...See id., at 319 ("The exercise of th[e]privilege [of conducting corporate activities within a State] may giverise ...

  • Cullen v. Pinholster, 563 U.S. (2011)

    ...After the California Supreme Court twice unanimouslydenied Pinholster habeas relief, a ..., ------ 18 Pinholster's wife waived her spousal privilege to testify to this fact.She acknowledged that her testimony would ..., & B.Ostrom, Final Technical Report: Habeas Litigation in. U. S. District Courts 35-36 (2007) (evidentiary ...

  • Frills for the Gay Blade ; Must the Law Now Protect the Right to Cross-Dress at Work?

    In more than 30 states, the people have said loud and clear that they want to keep the ages-old definition of marriage. But judges insist on using not the law, but their personal prejudices (if not practices), to overturn tradition. Judges in Massachusetts, Iowa, California and New Jersey have imposed the urges of the homosexual activist groups on the rest of us. Now, 14 states recognize same-...

  • Beard v. Banks, 548 U. S. (2006)

    ... level 2 inmate, who has already been deprived of most privileges, and that the officials believe that the specified items are ...Just last Term, this Court invalidated California's policy of racially segregating prisoners in its reception ... that the regulations challenged in the instant litigation fall within the discretion given to the Department of ...

  • Parents Involved in Community Schools v. Seattle School Dist. No. 1, 551 U.S. (2007)

    ... California , 543 U. S. 499, 505-506. Thus, the school districts must ...Upon realizing that the litigation would not be resolved in time for assignment decisions for the ... sent a delegation of high school students to a "White Privilege Conference." See Equity and Race Relations White Privilege ...

  • Goodyear Dunlop Tires Operations, S. A. v. Brown, 564 U.S. (2011)

    ...-year-old boys from North Carolina gave rise to the litigation we here consider. Attributing the accident to adefective tire ... the defendant purposefully avail[ed] itself ofthe privilege of conducting activities within the forum 7 8 GOODYEAR ... settled product liability action broughtin California and sought indemnification there from Japanese valve assembly ...