Business and Professions Code §10159.2 makes a licensed individual real estate broker who is the designated officer of a corporate broker “responsible for the supervision and control” of the corporate broker’s employees. Lender alleged misrepresentations by a real estate salesman. The trial court sustained defendant’s demurrer, and the Court of Appeal affirmed, stating: “The designated […]
Right To Arbitrate Deemed Waived For Nonpayment Of Fees.
Plaintiff brought suit for securities fraud. One of the defendants moved to compel arbitration pursuant to a term in the private placement memorandum. The court granted the petition, but only two of the six defendants paid the arbitrators’ fees. The panel of arbitrators from the American Arbitration Association terminated the matter for nonpayment of fees. […]
No 17200 Claim Against Homeowners Association.
Plaintiff homeowner sued his homeowner’s association under Business and Professions Code §17200, the Unfair Competition Law. Both the trial court and the appellate court found the homeowner’s association was not a business under this statute. That v. Alders Maintenance Assoc. (Cal. App. Fourth Dist., Div. 3; June 15, 2012) 206 Cal.App.4th 1419.
Jury Verdict After Good Faith Settlement Reduced To Zero.
Prior to trial, plaintiff settled her case involving the loss of anticipated survivorship interests with some of the defendants, and the court found the settlement was made in good faith pursuant to Civil Code §877. A jury awarded her $200,000 against the remaining defendants who are lawyers. The court granted an offset as to the […]
Foreclosure or Short Sale: Loss Mitigation Strategies for Homeowners, Realtors, and Attorneys Video Release
Tonight I am at Double Mountain Studios editing our “Foreclosure or Short Sale: Loss Mitigation Strategies for Homeowners, Realtors, and Attorneys” video. About to launch to the public! Stay Tuned for our release announcements coming soon . . .
Appeal From Order Of Good Faith Settlement Dismissed.
The trial court approved a condominium developer defendant’s motion for a determination of a good faith settlement, and another defendant filed an appeal from the trial court’s order. The Court of Appeal dismissed, holding the appeal was from a non-appealable interlocutory order. The court noted Civil Code §877.6 permits review by writ of mandate within […]
Petition To Compel Arbitration Denied.
Sales agent for an insurance company, who was part of a collective bargaining agreement which required arbitration, sued the company to receive minimum wage, reimbursement for work-related expenses and prompt payment of earned wages due upon termination, all claims based on various Labor Code statutes. The underlying issue was whether the agent was an employee […]
Prisoner’s First Amendment Rights Violated.
Prisoner at Pelican Bay State Prison attempted to mail a letter to a newspaper through the prison mail system. It argued that certain California prisoners, including him, should be recognized as political prisoners. In the letter, he referred to himself as a “New Afrikan Nationalist Revolutionary Man.” Prison officials confiscated the letter after concluding it […]
General Contractor Successful On Summary Judgment.
Masonry subcontractor worker at construction project stepped onto the rung of a plaster scaffold to gain access so he could lay masonry underneath it. The scaffold was wet. His shoes were muddy. He slipped and was injured. He sued the general contractor alleging his injuries “were caused by [the general contractor’s] negligence in sequencing and […]
A Borrower Is Not A Victim.
A woman failed to make her car payments. The car was repossessed and sold, and the bank hired a debt collector to collect the remainder of what was owed. The debt collector’s letter included the following language: “Please be advised that if you notify my office in writing within 30 days that all or a […]
- « Previous Page
- 1
- …
- 172
- 173
- 174
- 175
- 176
- …
- 182
- Next Page »