After accepting a settlement offer under California Code of Civil Procedure section 998, in a specified amount and providing “that each side bear their own costs,” plaintiff moved for statutory attorney fees. Defendant opposed contending that the term “costs” included statutory attorney fees. The trial court agreed with defendant and denied the motion. The Court of Appeal affirmed. Under […]
Flyers Unrelated To Labor Dispute Distributed During Strike May Survive Anti-SLAPP Motion.
Road Machinery’s union went on strike. Jim Price, a vice president of the company did not have any role in the negotiations with the union. Yet, the union placed flyers on his neighbors’ doors, reading things like “Neighbors, beware of this man, Jim Price.” He sued the union for defamation. The Court of Appeal affirmed the […]
More than 100,000 people are expected to attend the three day
The same issue of Cancer Cell includes a study about a newly identified enzyme that plays a role in breast cancer metastases. The enzyme “works by sending out signals to prepare a new area of the body for the cancer to set up a camp,” according to the lead researcher, Dr. Janine Erler of The […]
Supreme Court Expands Attorney Duties To Previously Represented Client.
In an earlier case, Oasis West Realty LLC v. Goldman, the court of appeal held that a lawyer who had previously represented the plaintiff in a real estate permit application was not precluded from later engaging in political activity opposing the permit. The California Supreme Court reversed in Oasis West Realty LLC v. Goldman (Cal.Supr.Ct.; May 16, 2011) […]
Attorneys May Not Prohibit Client From Settling Without Their Consent.
A client has the right to abandon a suit without the lawyer’s consent. Therefore public policy voids a provision in a contingency fee contract that prohibits the client from settling the case without the consent of the lawyer. In Lemmer v. Charney (Cal. App. Second Dist., Div. 8; May 5, 2011) 195 Cal.App.4th 99, [125 Cal.Rptr.3d […]
Disabled Placard, Or License Plate? Try To Figure This One Out!
Vehicle Code section 22511.5, permits unrestricted parking for vehicles with a disabled placard, or license plate, even when there are signs limiting parking time. So far, so good. But what if there are no signs but only a municipal ordinance limiting parking time? This was the issue in Spicer v. City of Camarillo (Cal. App. Second Dist., […]
Court May Not Deny Custodial Parent Permission To Move.
When a parent seeks to move away from the area where the other parent, with joint custody, resides, the court should not determine whether that custodial parent is permitted to move. Rather the inquiry should assume the custodial parent will move and determine, using the child’s best interest as a guide, whether the move should require […]
Attorneys Cannot Recover Fees Representing Themselves In Breach Of Contract Action.
When their insurer initially refused to defend an action, the insureds, who are attorneys, defended the action in pro per. They subsequently sued the insurer for the value of the attorney services they provided. The trial court granted summary judgment to the insurer. The Court of Appeal affirmed. The insureds did not sustain damages because […]
Rent Control In Mobilehome Park Not A Taking.
A city enacted a mobilehome rent stabilization ordinance which imposed rent control tied to the consumer price index. Years later, the city amended the ordinance to add “vacancy control,” which gave any new resident taking over a mobilehome pad lease the right to rent the pad at the same rate as the previous tenant. The park […]
Evidence Of Title Insurance Should Have Been Admitted.
The signatures on loan documents were forged. Interest-only payments were made. A larger replacement loan was made, again based upon forged documents. When the property owners realized what had happened, they brought an action for fraud against various persons. Everything settled, except a cross-complaint of one lender against another lender. At trial, a jury decided a […]
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