An independent insurance agent for insurance company filed suit claiming employee entitlements under the Labor Code after her contractual relationship with the company terminated. The trial court, after finding she was an independent contractor and not an employee, granted summary judgment in favor of the insurance company. The Court of Appeal affirmed, agreeing with the […]
School Counselors Permitted, Not Required, To Disclose Student Confidential Medical Information.
Education Code §49602(c) permits, but does not by its terms, require a school counselor to disclose personal information (including pregnancy-related or abortion-related information) received from an un-emancipated student age 12 or older to the student’s parents, or school principal when the counselor has reasonable cause to believe that disclosure is necessary to avert a clear […]
Can’t Cut Attorney Out Of His Fees.
Client/defendant and lawyer entered into a written fee agreement which deferred payment of fees until the court ordered them, which the court did after plaintiff lost. Plaintiff appealed, but settled with the defendant while the appeal was pending, a settlement which did not include payment of the fees. The lawyer sued for his fees. The […]
Triable Issues Whether Foreclosure Sale Should Be Set Aside Due To Unconscionability Of Transaction.
In action in which a homeowner sued a lender, a loan servicer and others to set aside a trustee’s sale claiming predatory lending, the trial court granted summary judgment. The appellate court noted the refinance was for $1.5 million with a monthly payment of $12,381.36 and the homeowner had a monthly income of $3,333. The […]
Evidentiary Hearing Required Before Entering Default Judgment In Quiet Title Action.
CCP §764.010 provides that in actions to quiet title, the court shall not enter judgment by default but shall in all cases require evidence of plaintiff’s title and hear such evidence as may be offered respecting the claims of any of the defendants. The appellate court found this obligated the trial court to hold an […]
Undertaking Not Required When Injunction Granted.
CCP §529(a) requires the court to order an undertaking when it grants a preliminary injunction to protect a defendant against losses that may be incurred if the defendant prevails on the merits. But when the court granted the injunction here, it also ruled on the merits of the underlying claim, and, thus, could not order […]
Sometimes Lawyer’s Signature Sufficient Under CCP § 664.6 Settlement.
A stipulation for settlement was reached during a mediation. Defendant’s lawyer, representing the defendant on the cross-complaint, signed the stipulation for the client, and plaintiff asserted the stipulation was not binding because it was not signed by the client. The appellate court found the lawyer signed the stipulation as the designated employee, and that just […]
Clerk Cannot Refuse To File Motion.
“It is difficult enough to practice law without having the clerk’s office as an adversary” an appellate court wrote. It added that whether the moving party’s motion “has legal merit is a determination to be made by a judge, not by the clerk’s office.” Noting that actions by the clerk’s office were “quite troubling,” the […]
Chinese Emperor Shennong discovered it in 5000 years ago when
judges have had issues with peel police before cheap yeti tumbler Pineapple’s perfect any time of year, but it’s particularly fabulous during hot summer months. For starters it just tastes like the tropics! It’s sweet and juicy, with a refreshing crunch that gets your mouth watering immediately. It’s full of goodness, vitamin C and, at […]
Must Follow Contractual Alternative To Right To Repair Act In Construction Defect Matters.
Plaintiffs, owners of 32 homes built by developer, brought a construction defect action. Civil Code sections 895 through 945.5, the Right to Repair Act, prescribe non-adversarial pre-litigation procedures a homeowner must initiate prior to bringing a civil action against a builder for alleged construction deficiencies. Plaintiffs contended the developer did not give the required notice […]
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