A broker represented both the buyer and the seller in a real property transaction through two different salespersons. A building permit lists the total square footage of a residence as 11,050 square feet, but the real estate listing stated the home “offers approximately 15,000 square feet of living areas.” Buyers made an offer and asked […]
After Three Appeals To Collect Breach Of Contract Judgment, Sureties Pay.
Plaintiff obtained a judgment against defendants based upon breach of contract, and defendants appealed, obtaining a stay of execution by posting an undertaking. Later, they asked the appellate court to dismiss their appeal, but they failed to pay the judgment. Plaintiff made a motion in the trial court to enforce the undertaking, and the trial […]
County Failed To Prove Design Immunity.
A jury found plaintiff was injured as a result of a dangerous condition of public property, but also concluded the county was immune based on design immunity and returned a defense verdict. On appeal, the court noted that design immunity is an affirmative defense that must be plead and proved, and that, while “numerous witnesses […]
Denial Of Arbitration In Class Action Against DIRECTV.
Plaintiff brought a class action lawsuit against DIRECTV. The trial judge denied defendant’s petition to compel arbitration. The relevant arbitration provision is contained in section 9 of DIRECTV’s 2007 customer agreement. Section 9 provides that “any legal or equitable claim relating to this Agreement, any addendum, or your Service” will first be addressed through an […]
Not-So-Brave D&D Free New World We Live In!!
This is the situation: A woman, later the criminal defendant, apparently upset with another woman for being the successful bidder on a home defendant wanted to buy, impersonated the other woman, later the victim, by advertising online for sexual partners and “invited men who responded to the advertisement to appear at the victim’s home unannounced […]
Wings Of Frequent Flyer Clipped.
An airline’s frequent flyer program contained a provision stating that an abuse of the program may result in cancellation of the member’s account. After the airline cancelled a member’s account, the member brought a class action alleging breach of the implied covenant of good faith and fair dealing. The United States Supreme Court held the Airline […]
Insureds Sue Insurance Adjuster For Intentional Infliction Of Emotional Distress And Misrepresentation.
Insured husband and wife reported damage to their home after a 41-foot long, 7,300 pound tree limb crashed into it. As alleged, the behavior the adjuster displayed “can best be described as appalling.” He altered the scene prior to taking photos of the damage, spoke derogatorily to the insureds, misrepresented the coverage and ordered them […]
Everyone’s Worst Wrongful Death Nightmare
Survivors of a woman brought an action contending their wife and mother’s remains were disfigured. In two causes of action, plaintiffs alleged decedent was prematurely declared dead, after which she was placed in a compartment in the hospital morgue while still alive, and that the disfigurement to her face happened while trying to escape until […]
Access To Emails Of Public Officials & Employees On Their Private Accounts.
A man asserted a right to inspect specified written communications, including email and text messages, sent to or received by public official and employees on their private electronic devices using their private accounts. The appellate court said the issue is whether those private communications, which are not stored on City servers and are not directly […]
Same Gender Sexual Harassment.
Plaintiff, a heterosexual man, worked for a city, and filed an employment action, contending he was sexually harassed by two of his male supervisors and then retaliated against when he complained about the sexual harassment. The trial court granted summary judgment in favor of the two supervisors and later granted the city’s motion for judgment […]
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