How We Resist Positive Change

SHERRY F. COLB

Cornell Law professor Sherry F. Colb describes some ways in which we resist positive change; specifically, she describes her initial hesitation to becoming an ethical vegan and the rationalizations we use to justify resisting positive change. Professor Colb argues that animals are different from inanimate objects, and we must recognize that when anyone suffers, anyone regardless of species, we have an evil that rightly commands our attention and action.

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Hernandez v. Jensen

Docket: B294449(Second Appellate District)

Opinion Date: March 17, 2021

Judge: McCormick

Areas of Law: Personal Injury

California law establishes the general duty of each person to exercise reasonable care for the safety of others. The Court of Appeal declined to recognize an exception to this fundamental principle for employers and supervisors of healthcare aides working in homes where firearms are present. The court explained that it is foreseeable that an accidental shooting might occur in a home containing unsecured, loaded firearms, and policy considerations favor a duty to use reasonable care when one knows firearms are present. In this case, defendant and her family hired two healthcare aides to work in their elderly parents' home. A jury found that defendant was liable for negligence after one of the aides removed an oxygen tank from a closet which caused a loaded rifle to fall and discharge, striking and injuring the other aide. The court concluded that defendant owed the aide a duty of care. The court also held that substantial evidence supports the jury's finding that defendant's negligence was a substantial factor in causing the aide's harm. In this case, despite defendant's knowledge that her father kept firearms in the house and that the aides' job duties required them to work throughout much of the residence, defendant neither secured the firearms nor warned the aids of their presence. Finally, the court concluded that there was no error in the jury instructions.

City of Torrance v. Southern California Edison Co.

Docket: B300296(Second Appellate District)

Opinion Date: March 17, 2021

Judge: Lavin

Areas of Law: Utilities Law

Under section 225.1.4 of the Torrance Municipal Code, consumers of electricity must pay Torrance a tax on the charges for electricity and ancillary services they use. Edison is required to collect this tax from consumers and remit it to Torrance. Torrance filed suit against Edison after it discovered that Edison had calculated the electricity users' tax as a percentage of the net amount Edison was billing its consumers. However, Torrance contends that the electricity tax ordinance does not permit Edison to apply the IA credit to reduce electricity consumers' tax base, thereby reducing Torrance's tax revenue. The trial court sustained Edison's demurrer to Torrance's original complaint without leave to amend and entered a judgment of dismissal. The Court of Appeal agreed with Torrance that the electricity tax ordinance cannot reasonably be construed in the manner proposed by Edison and adopted by the trial court. However, the court agreed with Edison that Torrance cannot recover unpaid taxes from Edison and must instead amend its complaint to include electricity consumers as defendants. In this case, electricity consumers are liable to Torrance with respect to the taxes owed but not collected by Edison in the past. Therefore, the court explained that Torrance should be allowed to amend its complaint to include as defendants the electricity consumers at issue. Accordingly, the court reversed and remanded for further proceedings.