Latest 3 Cases: Harris v. University Village Thousand Oaks, CCRC, LLC (Arbitration & Mediation), Kon v. City of Los Angeles (Civil Rights), Wicks ...

Is My Dog a Psychopath? What Predators May Tell Us About the Insanity Defense

SHERRY F. COLB

Cornell law professor Sherry F. Colb describes an incident where her dog “K” stalked and killed a rabbit, and she considers what criminal-law inferences we might draw from observing such predators’ behavior toward their prey. Colb ponders what distinguishes a dog who kills a rabbit from psychopaths who commit heinous crimes, noting that among humans, a so-called “moral imbecile” lacks conscience and empathy for others, and our society deems such individuals as deserving punishment.

Read More

Harris v. University Village Thousand Oaks, CCRC, LLC

Docket: B293290(Second Appellate District)

Opinion Date: June 1, 2020

Judge: Tangeman

Areas of Law: Arbitration & Mediation

Civil Code section 1953 prohibits enforcement of a predispute arbitration provision for disputes arising from or related to the tenancy provisions of a continuing care contract. The Court of Appeal held that the trial court erred when it ordered the parties' dispute to arbitration, because the agreements compelling arbitration arising from or related to the tenancy provisions of the continuing care contracts are void as contrary to public policy. Accordingly, the court reversed and remanded for trial.

Kon v. City of Los Angeles

Docket: B290929(Second Appellate District)

Opinion Date: June 1, 2020

Judge: Wiley

Areas of Law: Civil Rights, Constitutional Law

A plaintiff can sue police in civil court for excessive force after he has been convicted in criminal court. In this case, plaintiff pleaded no contest to disturbing the peace after interacting with an officer at an airport parking lot. Plaintiff then filed a civil complaint for excessive force against the officer, the City of Los Angeles, and Los Angeles World Police Department. The Court of Appeal held that the past conviction did not establish that the officer used only reasonable force and thus the first criminal conviction is consistent with the second civil case. Therefore, the court reversed the trial court's judgment and awarded costs to plaintiff.

Wicks v. Antelope Valley Healthcare District

Docket: B297171(Second Appellate District)

Opinion Date: June 1, 2020

Judge: Elizabeth A. Grimes

Areas of Law: Medical Malpractice, Personal Injury

The Court of Appeal affirmed the trial court's grant of summary judgment in favor of the hospital in an action brought by the family of an emergency room patient who was released from the hospital and died eight hours later of "acute dissection of aorta." The court held that no evidence showed that the nursing staff caused or contributed to the patient's death; no evidence showed the hospital was negligent in the selection and retention of the two emergency room doctors who treated the patient; and the evidence conclusively established the emergency room doctors were not the ostensible agents of the hospital.