In the current flood of mortgage litigation, plaintiffs often rely on a myth to avoid paying their debts. One of the most pervasive story’s on the internet these days involves the Mortgage Electronic Registration System, or “MERS” for short. Plaintiffs accuse MERS of being a “sham” entity, lacking authority to foreclose and only being used […]
Another Tricky Statute Of Limitations Issue In Legal Malpractice Case Against Lawyer.
Lawyer successfully obtained a default judgment, but failed to successfully enforce it. When he was sued for legal malpractice, the trial court sustained the lawyer’s demurrer without leave to amend on the issue of the statute of limitations. The plaintiffs in the malpractice action argued the lawyer’s acts or omissions may have been harmless if […]
No Luck With Mandamus Involving A Board Of Supervisor’s Exercise Of Discretion Either.
A trust appealed from the denial of its petition for administrative mandamus in which it sought to overturn the decision of the Board of Supervisors denying its application to turn a mobile home park from rental to condominium ownership. The trust argued that under Government Code section 66427.5 (e) the Board erred when it considered […]
The Court Cannot Compel A City To Exercise Its Discretion In A Particular Way.
In response to a Request for Proposal for a golf concession at Los Angeles public parks, a business group submitted a bid. A Board for the Recreation and Park Commissioners voted to award the contract to the business group. Pursuant to an Executive Directive, the contract had to be reviewed by the mayor’s office because […]
No Fourth Amendment Protection In Hotel Registry Records.
City ordinance requires hotel operators to maintain certain registry information concerning guests, including their names, addresses and vehicle information, and to make the information available to police officers upon request. Motel operator challenged the ordinance, arguing it amounted to an unreasonable invasion of his private business records without a warrant. Both the trial court and […]
City Ordinance Relating To Clean And Safe Rental Properties.
Petitioner is the owner of residential properties in Santa Cruz. Prompted by findings of substandard, overcrowded and unsanitary residential rental properties, the City of Santa Cruz passed an ordinance calling for annual inspections of all residential rental properties within City limits. Petitioner filed a petition for writ of mandate, arguing the ordinance is preempted by […]
Summary Judgment Against Charlotte Russe In Favor Of Travelers Insurance Company Reversed.
Charlotte Russe stores contracted to become the exclusive sales outlet for “premium, high end” clothing called People’s Liberation, a brand owned by a company called Versatile. Charlotte Russe allegedly offered the clothing at severely discounted “fire-sale” prices. Versatile brought an action against Charlotte for breach of contract and other causes of action, requesting damages for […]
Frosted Mini-Wheats’ Class Action Settlement Reversed And Vacated.
A false advertising class action was filed against Kellogg Company after the company marketed Frosted Mini-Wheats cereal claiming it was scientifically proven to improve children’s cognitive functions for several hours after breakfast. When the action was settled with the trial court’s approval, there was a provision that any funds remaining would be donated to charities […]
Interpleader Proper When Two Colorable Claims To Policy Proceeds.
Husband and wife bought life insurance on their minor child, and then they divorced, but the policy was not distributed in the dissolution proceedings. After the divorce, the wife removed the husband as a beneficiary. Then their daughter died. Both the husband and wife claimed the proceeds. The life insurance company interpleaded the policy proceeds […]
No Qualified Immunity For Police Officers Who Caused Injury.
Injured U.C. Davis student brought an action for violation of his Fourth Amendment right to be free from unreasonable seizure after police fired pepperball guns in an attempt to disperse a crowd and the student suffered serious eye injuries and a loss of his athletic scholarship. The Ninth Circuit affirmed the trial court’s finding the […]
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