In this matter seeking extraordinary relief, a plaintiff corporation made efforts to obtain copies of email messages stored by Google, Inc. on behalf of a defendant. Defendant moved to quash the request and the trial court ordered Google to produce the emails, based on its conclusion the defendant had deemed to have given his consent. […]
Two Judges Hearing Case In Appellate Division Of Superior Court Were Not Enough.
A man convicted of a misdemeanor appealed to the appellate division of the superior court, which affirmed his conviction. When the appellate division heard his appeal, however, there were only two judges. When the man complained, the appellate division held that two judges are sufficient. The man petitioned the Court of Appeal for extraordinary relief. […]
Demurrer Granted In Legal Malpractice Action Reversed On Appeal.
This action involves a man who hired a law firm to represent him in connection with a petition to have him appointed as conservator of his mother’s person and estate. The woman’s son was appointed conservator and informed the court all of his mother’s assets were in trust, and, therefore, no bond was required. The […]
Homeowners’ Association Must Accept Partial Payment.
The question in this case is whether a homeowners association is required by the Davis-Stirling Common Interest Development Act (Civ.Code, § 4000 et seq.) (the Davis-Stirling Act) to accept partial payments from an owner of a separate interest, who is delinquent in paying his or her assessments, after a lien has been recorded against the […]
Another Creative Declaratory Relief Action…This One Concerning Who Makes A Decision, The Court Or The Arbitrator.
An employee filed a wage and hour claim. His employer filed a declaratory relief action alleging its arbitration with the employee required the employee’s wage and hour claims to be arbitrated on an individual basis rather than classwide. The employee petitioned the trial court to order the employer to submit its declaratory relief claims to […]
Buyer Of Real Property May Not Rely On Appraisal Ordered By Lender.
Plaintiff entered into a written contract to buy vacant land. His lender hired a real estate appraiser to perform an appraisal of the property. Upon determining the property he purchased was unsuitable for his purposes, plaintiff brought an action against the appraiser for negligent misrepresentation, alleging the property value in the appraisal was in excess […]
Defendant Served With Notice Of Violation Of The Consumer Legal Remedies Act (CLRA) May Not Maintain A Declaratory Relief Action To Establish There Was No Violation.
A consumer served a dietary supplement manufacturer with a one page notice and demand, pursuant to Civil Code section 1782 [ Consumer Legal Remedies Act; CLRA ] via certified mail contending that its product “Amberen,” was being marketed falsely and misleadingly as a “natural remedy for Menopausal symptom relief,” in violation of the CLRA. The […]
Pharmacist Loses His License.
Plaintiff is a pharmacist who appeals from a judgment denying his petition for writ of mandate in the trial court. His petition sought to overturn a decision by the California State Board of Pharmacy revoking his license to operate a pharmacy. An Accusation was filed by the Board which contended the pharmacy unlawfully received nearly […]
No Clarification Needed For A Jury To Understand A Word That Is Readily Understood And Not Used In A Technical Sense.
A police officer on a motorcycle was killed when a man was exiting his employer’s driveway onto a highway at the end of the work day. The officer’s family brought a wrongful death suit against the employer, contending the employee was within the course and scope of his employment at the time of the collision. […]
“A Successful Lawsuit Is One Worn By A Policeman,” Robert Frost.
In March 2004, a real estate broker signed an exclusive listing agreement with the seller of acreage. In September 2004, a potential buyer extended an offer directly to the seller. Meanwhile, as the seller negotiated with the potential buyer, plaintiff continued to market the property. The sale of the property closed in July 2005 with […]
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