Asserting Injured Person's Rights After a Rental Motorcycle Accident

Rare Circumstances Which Allow Bringing a Lawsuit Against the Rental Company

What Is a False Light Claim in California?

Invasion of privacy is defined as the intrusion of another person's right to privacy and can be performed as an unreasonable interference with an individual's confidential information, solitude, or public image.

False light is considered a type of invasion of privacy tort, and it happens when one person alters the public image of another one by portraying that person in an offensive and false light.

Elements the Plaintiff Must Prove for California False Light Claims

To have a successful claim against a defendant, a plaintiff must be able to prove the following four elements:

• Defendant willfully and intentionally published the information about the plaintiff.
• The publication places the plaintiff in an offensive and false light.
• The publication would be considered embarrassing or highly offensive to a reasonable person.
• The publication was made with absolute disregard for the offensiveness of the content or its potential damage.

What Is Considered to Be Publication?

Publication doesn't necessarily need to be an actual publication, such as online or in a newspaper. Usually, it involves making the matter public or communicating the matter to the public, which means more than a few people.

Differences Between False Light and Defamation

• Defamation is making public statements about another person in written or oral form communicated to a third party.
• False light involves creating a false impression about another person or publicly portraying him as something he is not.

Both defamation and false light require some falsity published to a third party. The main difference is that defamation is usually a false statement made about another person when false light is a misattribution of a person's beliefs or actions.

Some courts interpret false light claims as damage to the person's dignity or feelings, rather than the reputation. Thus, if the publication made about another person was highly offensive, but was actually true, then there won't be a case of defamation but can be a case for false light.

The reason is that false light is mainly focusing on the emotional impact and struggles felt by the plaintiff due to the publication.

Statute of Limitations for Filing a False Light Claim in California

In California, a plaintiff has one year to file a lawsuit against the defendant for the false light invasion of privacy. This period starts running when the plaintiff knows or should have reasonably known about the defendant's unlawful actions.

Legal Remedies in a False Light Lawsuit

False light incidents can cause much damage to a person and typically the main legal remedy will be a monetary damages award. A monetary amount is paid by the defendant to the plaintiff for compensating the losses he has experienced as a result of the false light incident. The damages may cover losses such as:

• Lost wages
• Loss of earning capacity
• Pain and suffering
• Impairment to the plaintiff's standing in the community
• Losses connected with shame, personal humiliation, or disgrace
• Other monetary losses

A plaintiff can be limited to a false light claim in case he was extremely open about the publication, such as made no efforts to hide it and it was something commonly known amongst other people.

Requirements of Being Labeled as a Common Carrier

• The transportation company was established for transporting goods or people from one place to another
• The company sets itself out to the public as a transportation company
• The transportation company charges a fee for transporting good or people from one place to another

Examples of Common Carriers in California:

• Railways
• Buses
• Streetcars or Cable Cars
• Taxicabs
• Elevators Escalators
• Airlines
• Ski resort chair lifts
• Cruise ships

Elements Plaintiff Must Establish Under a Negligence Cause of Action

• Defendant owed a duty of care is to the plaintiff
• Defendant breached his duty of care to the plaintiff
• Defendant was the proximate and actual cause of the plaintiff's damages
• As a result of the defendants' negligence plaintiff actually suffered some psychological or physical harm

Standards and Guidelines for Common Carriers in California

• Common carriers must provide a safe vehicle to all passengers that are fit for the duties it was hired to perform
• Common carriers must treat give the passengers a reasonable level of attention and treat them with civility
• Common carriers must warn the passengers of any dangers, protect them from the dangers, including dangers caused by other passengers
• Common carriers must carefully choose employees and provide them with adequate training
• Common carriers regularly perform maintenance on the vehicle, safety inspections and make sure all equipment is up to current safety standards

Who Can Be Liable for an Accident Involving a Common Carrier?

• Owner of common carrier
• Company of common carrier
• Operator of common carrier
• Manufacturer of common carrier
• Maintenance company
• State government
• Local government

Filing a Lawsuit Against a Common Carrier in California

• Physical or mental incapacitation of the victim.
• Minor status of the victim. Victim under the age of 18 has two years from the 18th birthday to file a personal injury claim.
• The injury manifested itself a later time after the accident.

Compensation for Injuries Involved With Common Carriers in California

• All present and future medical expenses
• Cost of rehabilitation
• Pain and suffering
• Lost wages
• Loss or reduction of income

According to Civil Code Section 3426.1(b)(1) under California law, "misappropriation " refers to the acquisition of a trade secret by а person who knows or has reason to know that the trade secret was acquired by improper means, such as bribery, theft, misrepresentation, breach or inducement of a breach of duty to maintain secrecy.

According to Civil Code Section 3426.1(b)(2) misappropriation also includes the disclosure or use of a trade secret without consent by a person who used improper means to acquire knowledge of the trade secret.

Elements the Plaintiff Must Establish to Prove Misappropriation of Trade Secrets in California

According to CACI 4401 to establish the claim of trade misappropriation the plaintiff must be able to establish all five elements:

• Plaintiff owned or was a licensee of the trade secret
• The information was a trade secret at the time of the misappropriation
• The defendant improperly acquired, used or disclosed the trade secret
• The plaintiff was harmed or the defendant was unjustly enriched
• The defendant's acquisition, use or disclosure was a substantial factor in causing harm to the defendant or to be unjustly enriched.

What Is Considered to Be a Trade Secret?

According to CACI 4402 each of the following elements must be present in a "trade secret":

• The trade secret must consist of information. Trade secret law protects different types of information, but the most common examples fall under two categories: business information and technical information. The information that is protected and recognized as a trade secret can include the following:
• • Business plans
  • Corporate agendas and minutes
  • Bid specifications
  • Customer lists
  • Spreadsheets
• The information must derive actual or potential economic value from the fact that it is secret.
• To be considered a trade secret, the information can't be generally known to the public, industry competitors, or others who could realize economic value from its use or disclosure.
• The information must be treated as a secret, and the owner must exercise reasonable efforts to maintain its secrecy.

Trade Secret Ownership in California

California Labor Code Section 2860 expressly establish that the employer owns trade secrets created by an employee. Though, an employer wouldn't own trade secrets created on an employee's personal time without the use of employer's materials.

Statute Of Limitations for Misappropriation of Trade Secrets in California

A plaintiff must bring an action for misappropriation within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered.

Civil Remedies for Misappropriation of Trade Secrets

In case of a successful claim trade secret owners are entitled to:

• Obtain an injunction prohibiting the actual or threatened misappropriation
• Recover compensatory damages for actual loss caused by the misappropriation
• Recover compensatory damages for the defendant's unfair enrichment, to the amount not covered by the calculation of damages for actual loss
• Obtain payment from the defendant of a reasonable royalty, if neither the damages nor the unjust enrichment caused by the misappropriation are provable
• Recover punitive damages not exceeding twice the compensatory damages award if the misappropriation was willful and malicious
• Recover attorneys' fees

What is Vicarious Liability in California?

Relationships That Involve Vicarious Liability

Employer-Employee Relationships

• Employer is responsible for harm caused by the wrongful conduct of his employee while acting within the scope of their employment
• Employee is always responsible for harm caused by his own wrongful conduct, whether or not the employer is also liable.

• Employee caused harm to the plaintiff at-issue
• Employee was acting within the scope and course of his employment

• It is reasonably related to the sort of work tasks for which the employee was hired
• It is reasonably foreseeable given the nature of the employee's work responsibilities

Principal-Agent Relationships

Parent-Child Relationships

• Child engaged in willful misconduct
• Child drove a parent's vehicle and the damages or injuries resulting from the diver's negligent conduct
• Parent permitted the child to use a firearm and the child's actions caused injuries to another person

Vicarious Responsibility for Co-conspirators' Acts

False Imprisonment in California: Penal Code 236 (PC 236)

Elements of False Imprisonment PC 236 in California

• Defendant intentionally deprived the plaintiff of his freedom of movement by use of physical barriers, force, threats of force, menace, fraud, deceit, unreasonable duress
• The restraint, confinement or detention compelled the plaintiff to stay or go somewhere for some appreciable time, however short
• Plaintiff did not knowingly or voluntarily consent
• Plaintiff was actually harmed
• Defendant's conduct was a substantial factor in causing harm to the plaintiff

Criminal and Civil False Imprisonment in California

When Can Police Officers Arrest a Person?

• He has reasonable cause to believe that the person to be arrested has committed a public offense in his presence
• The arrested person has committed a felony although not in his presence
• He has reasonable cause to believe that the arrested person has committed a felony, whether or not a felony has in fact been committed.

False Arrest by a Peace Officer With a Warrant

False Arrest by a Peace Officer Without a Warrant

Imprisonment by a Private Citizen

Damages That Can Be Recovered

• Loss of time
• Physical inconvenience or discomfort
• Physical illness or injury
• Business interruption
• Damage to reputation.

Trafficking in Counterfeit Goods or Services 18 USC Section 2320

• traffic in goods or services and knowingly and willfully use a counterfeit mark on or in connection with such goods or services;
• traffic in stickers, labels, badges, wrappers, emblems, medallions, charms, boxes, containers, cans, hangtags, documentation, cases, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake
• traffic in goods or services knowing that product is a counterfeit military good or service the use, malfunction, or failure of which is likely to cause death or serious bodily injury, impairment of combat operations, the disclosure of classified information or other significant harm to a combat operation, a member of the Armed Forces, or to national security
• traffic in a counterfeit drug.

Elements of Crimes Involved With Trafficking in Counterfeit Goods or Services

• Defendant trafficked, attempted to traffic, or conspired to traffic in services, goods or drugs;
• Defendant counterfeit the goods, services or drugs from those lawfully created by the trademark owner of these goods, services, or drugs;
• Defendant was aware the goods, services or drugs were counterfeit
• Defendant intended for the goods, services, or l drugs to be illegally passed as original, and be distributed as such.

Defenses to Federal Counterfeiting Charges

• The product was not counterfeit

• The defendant didn't know that the product was counterfeit

Penalties for Trafficking in Goods and Services Under 18 USC Section 2320

• Up to ten years in federal prison
• A fine of up to $2 million

• Up to twenty years in federal prison
• A fine of up to $5 million

• Up to twenty years in federal prison
• A fine of up to $5 million

• From 25 years to life in federal prison.

• Up to twenty years in federal prison
• A fine of up to $5 million.

• Up to thirty years in federal prison
• A fine of up to $15 million.

What is Proximate Causation?

What Is "Conduct" Considered to Be?

What is a "Substantial Factor" Considered to Be?

Multiple Causes Contributing to Proximate Causation

Third-Party Conduct as Superseding Cause

• Another person's conduct occurred after the defendant's conduct.
• A reasonable person would consider that conduct a highly unusual or an extraordinary response to the situation.
• The defendant did not know and had no reason to expect that another person would act in a such illegal or negligent way.
• The cause injury from another person's conduct was different from an injury that could have been reasonably expected from the defendant's conduct.

What is Wrongful Termination in Violation of a Public Policy?

Wrongful termination in violation of public policy happens when an employer fires an employee for performing a legal obligation or exercising a legal right, and the obligation or right is related to important public policy.

California law prohibits employers from firing their employees in case that discharge would be in violation of public policy. This is true even though California is an at-will employment state, and employers have the right to terminate employment relationships at any time without reason.

Specifically, the employee can sue the employer for wrongful termination in case the employer has fired him for:

• Refusing to violate a statute
• Exercising a statutory right or privilege (attempting or organizing a union, engaging in political activities, etc.)
• Performing a legal duty (taking time off to serve on a jury; to serve as a witness in court, taking time off for military service, etc.)
• Reporting a violation of a public or statute importance

Elements of Wrongful Termination in Violation of a Public Policy

According to CACI 2430, the plaintiff must be able to establish the following elements to prove the claim of wrongful termination in violation of a public policy

• Plaintiff was employed by the defendant
• Defendant discharged the plaintiff
• Termination was the main reason that was against the public policy.
• Plaintiff was harmed
• Discharge was a substantial factor in causing harm to the plaintiff

One important thing the plaintiff must prove that there is a clear causal connection between his termination and the employer's public policy violation.

Reporting a Violation of Law

The most common lawsuits over wrongful discharge in violation of public policy involve situations when employees are terminated for reporting illegal conduct that the employer has engaged in.

This protected by law activity is called "whistleblowing." Federal laws protect employees who speak up about the employer who violates the law. By witnessing the questionable behavior of the employer, whistleblowing employees are granted immunity against termination and retaliation after reporting the employer to law enforcement. Employees have a right to sue the employer in case they are terminated because of whistleblowing.

Here are some federal and California laws which provide support for employees who want to protect their rights after being fired for whistleblower activities. These include:

• California's Fair Employment and Housing Act
• The whistleblower provisions of the Sarbanes-Oxley Act of 2002
• The "qui tam" section of the California False Claims Act.

Damages That Victims Can Recover Wrongful Termination in Violation of Public Policy

An employee wrongfully terminated in violation of public policy may recover the following damages:

• Restoring to the previous employment position
• Paying lost wages
• Lost benefits
• Attorney Fees
• Making necessary changes to employee handbooks and policies
• Emotional Distress

Statute of Limitations for Bringing a Lawsuit Against the Employer

In most cases, the deadline for filing a lawsuit against the employer for wrongful termination in violation of public policy in California is two years from the date of the termination.

However, responses to certain kinds of illegal termination have shorter deadlines for filing a complaint or suit. For example, in case the employment relationship is terminated in retaliation for complaining about harassment or discrimination at the workplace, the plaintiff must file a complaint within one year.

Mail and Wire Fraud Laws

18 USC Section 1341

According to 18 USC Section 1341 it is illegal to devise or intend to devise any scheme or artifice to defraud, or for obtaining property or money by means of fraudulent or false pretenses, promises or representations, or to sell, loan, dispose of, alter, exchange, give away, distribute, supply for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or take or receive therefrom, any such matter or thing, or knowingly cause to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing.

18 USC Section 1343

According to 18 USC Section 1343, it is illegal to devise or intend to devise any scheme or artifice to defraud, for obtaining property or money by means of fraudulent or false pretenses, promises, or representations, transmits or causes to be transmitted by means of wire, television, radio, or communication in interstate or foreign commerce, any writings, signs, pictures, signals, or sounds for the purpose of executing such artifice or scheme.

Elements of Mail and Wire Fraud Crimes

Mail and wire fraud statutes are basically the same, except for the medium associated with the offense - the wire communication in the case of wire fraud and mail in the case of mail fraud and.

The prosecution must prove beyond a reasonable doubt the following elements to convict the defendant of mail fraud:

• Defendant used either wire or mail communications in the foreseeable furtherance.
• There was a scheme involving a material deception for the purposes of committing fraud.
• Defendant willfully and knowingly participated in the scheme.
• Defendant had the intention to deprive another person either of property or honest services.

Use of Wire Communication

For the purposes of these statutes, wire communication means receiving, transmitting or causing something to be received or transmitted through television or radio signal, an interstate electronic or telephone communication in furtherance of the scheme

Use of the Mail Communications

18 USC Section 1343, defines the use of mail communications as the following:

• Placing materials in a mailbox or post office with the intention that the materials are delivered by either the U.S. Postal Service or a private interstate mail carrier to another person.
• Receiving anything that has been delivered by the U.S. Postal Service or a private mail carrier.
• Causing something to be delivered by mail.

Scheme to Defraud

Both mail and wire fraud statutes prohibit any scheme or artifice to obtain or defraud property or money by means of false or fraudulent pretenses, promises, representations, or deprive another person's right to honest services by such means.

Intent

The defendant must have an intent to defraud which is a willful act with the specific intent to cheat or deceive, typically for the purpose of causing financial loss to another person or getting financial gain.

Misconduct that constitutes mail or wire fraud may also constitute a violation of other federal crimes. Among these are frauds based on jurisdictional factors other than the use of mail or wire communication, predicate offense crimes, and other honest services frauds in the form of kickbacks or bribery.

Penalties for Mail/Wire Fraud

• Up to twenty years in federal prison
• A fine of up to $250,000 or $500,000 for organizations

In case the fraud targeted any benefit related to a presidentially declared emergency or disaster or affected a financial institution, the defendant will face

• Up to thirty years in federal prison
• A fine of up to $1,000,000.