In another case, appellants had an option to purchase real property and claimed the three-year statute of limitations under Civ.Proc. §338 applied. Both the trial and appellate courts found the two-year statute of limitations under Civ.Proc. §339 was the right one because “an option to purchase real property is a contractual right.” Cyr v. McGovran […]
Had they done so, I would have told them that shirts and
Staff Sgt. Patrick F. Kutschbach, 25, of Kennedy Township, was killed in action on Saturday, November 10, 2007 while conducting combat operations in the southern end of the Tagab Valley in Afghanistan. Over the years, grandson gifts morphed from the toy rage de jour to shirts and sweaters. They never told me in so many […]
Seller’s or Buyer’s Broker, Which Statute Of Limitations Applies?
California Civil Code section 2079.4 imposes a two-year statute of limitations on suits brought against a seller’s real estate broker. The standard buyer-broker agreement form issued by the California Association of Realtors form imposes a two-year limitations period for any legal action against a buyer’s broker. This case involves claims brought against a dual listing […]
Employees Who Work Through Meal Periods Not Entitled To Compensation.
The California Supreme Court addressed the nature of an employer’s duty vis-à-vis meal breaks in wage and hour cases: “[W]e conclude an employer’s obligation is to relieve its employee of all duty, with the employee thereafter at liberty to use the meal period for whatever purpose he or she desires, but the employer need not […]
Insurer Sits Back But Pays Later.
Two insurance companies were tendered claims by the same insured. One stepped up to the plate and provided a defense; the other declined the tender and merely monitored the suit. After the case was settled, the settling insurer sued the monitoring insurer for equitable contribution. The trial court allocated a 60/40 split between the insurance […]
Jeopardy Attaches After An Acquittal On Contempt.
Two employees of a waterproofing company quit and started a competing business. The employer brought an action against them which the parties settled, including a stipulated injunction, enjoining the two employees and their new company from contacting the employer’s customers. The agreement provided the trial court would retain jurisdiction over the parties pursuant to CCP […]
Dismissal For Failing To Date Governmental Claim Reversed.
Plaintiff was injured while exiting a bus. In her complaint, she alleged: “On January 15, 2010, Plaintiff filed a timely claim complying with the required claims statute. On or about January 19, 2010, a [Transit District] representative called Plaintiff’s representatives stating there was no date on the claim and requested that date of the incident […]
Dead Beat Dad Remark Protected.
In the midst of a contentious paternity and child support dispute, defendant wrote on a Web site that the public should be careful in dealing with plaintiff because he is a criminal and a deadbeat dad, is into illegal activities, and that she wouldn’t let him into her house. Plaintiff brought an action for defamation, […]
There’s A Difference Between A Waiver Of The Statute Of Limitations And A Tolling Agreement.
A producer of a television series entered into a contract for the services of an actor. On May 16, 2002, the lawyer for the actor sent a letter to the lawyer for the production company: “This letter will confirm our conversation on Wednesday, May 15th in which you courteously agreed that Don Johnson’s time in […]
No Separate Statement Results In Summary Judgment Granted.
In a wrongful termination case, the employer brought a motion for summary judgment containing evidence it had a legitimate business reason for terminating plaintiff’s employment. The evidence was that the employer discovered plaintiff, whose job “involved responding promptly to union members and diligently representing them,” had resigned from the state bar with charges pending after […]
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