In Fireman’s Fund Insurance Company v. Sup.Ct. (Front Gate Plaza, LLC) (Cal. App. Second Dist., Div. 3; June 28, 2011) 196 Cal.App.4th 1263, [127 Cal.Rptr.3d 768, 2011 DJDAR 9647], the trial court ruled that communications between counsel representing the same party were not privileged under the attorney client privilege and ordered the lawyer involved in the communications to answer […]
Mandatory Relief From Setting Aside A Default Depends On Credibility Of Counsel’s Declaration.
Under Code Civ. Proc. Section 473, subdivision (b), setting aside a default or dismissal if a timely motion is filed supported by an attorney’s “declaration of fault.” But, according to Cowan v. Krayzman (Cal. App. Second Dist., Div. 8; June 20, 2011) 196 Cal.App.4th 907, [126 Cal.Rptr.3d 793, 2011 DJDAR 9043], the court does not have to take […]
Only shoot at cats having some fair market value.
Mr. Grosser allegedly shot Mr. Kimes’s cat with a pellet gun. Kimes claimed he spent $36,000 for emergency surgery and follow up care for the partially paralyzed cat. The trial court ruled that the cat had no market value and that, because plaintiff could not recover more than the market value, the suit should be dismissed. […]
Sale Of Orange County Fairgrounds Set Aside.
As part of Governor Schwarzenegger’s plan to raise funds by selling state owned real property, the California Department of General Services sold the Orange County fairgrounds. A number of parties, including one of the unsuccessful bidders, sued to void the sale. The Court of Appeal agreed with plaintiffs. The Department failed to comply with the statutory […]
Look into wedding planners in your local area; even if you’re
1. The Texans can throw downfield on third and long. Obviously Gary Kubiak’s self scouting reports told him that too often last season as his squad settled for something less than a legitimate attempt to pickup a first down when facing long yardage situations. bakeware factory The surrounding countryside is barren and desolate even by […]
Most party supplies, right from disposable cups, dishes,
We thought about getting a willing friend to take the pics but realised that to get some decent quality snaps we will need a pro!We are trying (as im sure most people do) to keep costs down but do understand that this is a skilled job. Hopefully, if we can find someone local and independent […]
Court Cannot Affect Rights Of Non-Party Trust Deed Holder.
In an action for fraudulent transfer the court granted summary judgment in favor of the trust deed holder. Later, another judge tried the fraudulent transfer case against the previous and subsequent owner of the property and held that their rights prevailed over the trust deed holder. The Court of Appeal reversed. The trust deed holder was […]
No Arbitration Because Of Possibility Of Conflicting Rulings.
Plaintiff sued a residential care facility for elder abuse and wrongful death regarding alleged inadequate care. As her mother’s attorney in fact, plaintiff had entered into a “residency agreement” with the facility, which agreement contained an arbitration clause, but plaintiff did not enter the agreement in her personal capacity. Under the arbitration clause, all claims related […]
Acts Prepatory To Official Proceedings Covered By Anti-SLAPP Statute.
Plaintiff is the father of a five-year-old daughter and is going through a divorce. He brought a federal civil rights action under 42 USC §1983 against a licensed family and marriage therapist claiming the therapist conspired with his former mother-in-law and others to falsely accuse him of sexually abusing his child. He alleges the therapist coached […]
Medical Malpractice, Or Ordinary Negligence? IIED Demurrer Reversed.
Plaintiff underwent a dilation and curettage procedure following a miscarriage. She alleges that she was administered inadequate anesthesia and awoke during the procedure. When she later confronted the anesthesiologist, the anesthesiologist became angry, shoved a container filled with plaintiff’s blood and tissue at her, and then urged plaintiff not to report the incident. Plaintiff sued the […]
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