Preferred shareholders in a now-dissolved software company brought action against the company’s chief financial and chief executive officers, contending they colluded to secure a preferential sale of the company’s assets to another company, thus violating their fiduciary duties. The court, after a bench trial, concluded the two had committed a breach of fiduciary duty, but […]
Massage Therapist Not Entitled To A Defense For Sexual Assault.
A massage therapist was sued by a client who contended he committed a sexual assault against her during a massage. The therapist contended an insurance company owed him a duty to defend the action because he was either a partner or an employee of the insured and the alleged assault occurred in the scope of […]
Same Pornographic Story; Different Twist.
A man brought his computer in for servicing, and the repairman viewed what appeared to him “to be underage girls engaged in sexual activity.” He called the police. The responding officer indicated the images the repairman saw did not appear to be pornographic, but asked the repairman to search the rest of the computer. The […]
Offer To Compromise: “. . .Pretty Soon, You’re Talking Real Money,” Sen. Everett Dirksen.
In an insurance bad faith case with alleged damages in excess of $500,000, the insurance company made an offer to settle for $30,000 pursuant to Code of Civil Procedure section 998. The offer to compromise was not accepted. Later, judgment was entered in favor of the insurance company, which then submitted its memorandum of costs, […]
Lack Of Capacity Of Limited Partnership & Corporation.
In a California Environmental Quality Act [CEQA] case, plaintiffs, a limited partnership and two corporations voluntarily dismissed the action on May 9, 2013. The trial court awarded the defendant $37,528.14 in costs for preparation of the administrative record. On the appeal of the court’s order to pay costs, there was a motion to dismiss the […]
Battle Over Cost Of Discovery Of Electronically Stored Information.
Former students of a culinary school allege they were defrauded into enrolling by means of misrepresentations about graduation rates, employment prospects and anticipated income levels. Plaintiffs’ first attempt at obtaining information about school documents for 800 plaintiffs was pursuant to a business records subpoena. Under Evidence Code section 1563, defendants offered to comply if plaintiffs […]
Attorney Fees Incurred By Law Firm, Redux.
Lawyers sued client for fees. Client cross-complained. Lawyers brought anti-SLAPP motion to strike cross-complaint. (Code of Civil Procedure section 425.16.) The trial court granted the motion to strike and awarded attorney fees to the lawyers. The appellate court, relying on case law holding attorneys may not recover fees for self-representation, reversed the award of fees […]
Statute Of Limitations In Medical Setting.
Plaintiff alleged a doctor committed battery and inflicted IIED. The trial court dismissed plaintiff’s action, after concluding the CCP § 340’s one-year statute of limitations, and not the general personal injury two-year limitations period, applies. In affirming, the appellate court explained: “We must look past the labels [plaintiff] uses and examine the specific conduct [plaintiff] […]
Insurance Commissioner Alleged To Be Asleep At The Switch.
A woman claims she should have been, but was not, provided with disability benefits under a group disability policy issued to her employer, a County. The insurer based its denial on language in the policy, which language the woman contends makes it “substantially easier than is permissible under settled California law for the insurer to […]
“Don’t Worry, You Don’t Have To Pay My Attorney Fees Unless We Win.” Expected Response? …Thank You; …That’s A Relief; …That’s Kind Of You. Yeah Right.
In a FEHA [Government Code section 12900, et seq.; Fair Employment and Housing Act] employment discrimination action, a law firm advanced all costs and agreed to charge no attorney fees unless the outcome was successful. A jury awarded her $266,347 in damages, and the trial court awarded $623,908.12 in attorney fees and $26,932.84 for costs. […]
- « Previous Page
- 1
- …
- 25
- 26
- 27
- 28
- 29
- …
- 105
- Next Page »