In a marital dissolution action, the husband [who is also a lawyer] claimed that pursuant to the Employee Retirement Income Security Act [ERISA; 29 U.S.C. § 1001], his pension plan was exempt from levy on a writ of execution to pay his spouse’s attorney for attorney fees. The court rejected his argument “on the ground there […]
Argument Is Not Evidence For Damages Award.
In a wrongful termination action, plaintiff’s lawyer stated in closing argument that plaintiff suffered $44,000 in lost wages for the eight months he was unemployed. This is what the jury’s verdict form said: “Past economic loss: lost salary $198,000.00 “lost bonuses $ 0 “Past mental suffering, emotional distress $ 0 “Future mental suffering, emotional distress $ […]
Decertified Class Ordered Recertified.
Allstate Insurance Company changed the classification of its auto field adjusters from salaried employees to hourly employees in response to litigation challenging their misclassification as employees exempt from protection of overtime wage laws. After the change, Allstate presumed that an adjuster’s workday begins with the first appointment as set by the Work Force Management System. Plaintiff […]
Chapter 13 Filing Does Not Preclude Appeal.
Following confirmation of an arbitration award, the trial court awarded defendants $19,826 in costs and later $158,471.25 in attorney’s fees. Plaintiff filed a chapter 13 bankruptcy petition which listed the trial court’s cost award, but not the attorney fee award. Defendants filed their proof of claim in the bankruptcy court, listing both the costs and the […]
After-Acquired Evidence Doctrine Inapplicable.
Plaintiff, an African American, twice applied to become a union organizer, but both times the position was filled by white men. He filed a discrimination complaint with the Department of Fair Employment and Housing, and received a right to sue letter. He then filed an employment discrimination action. During discovery, he admitted he had been convicted of […]
No Code of Civil Procedure section 128.7 Sanctions For Proceeding With Arbitration.
At the time the trial court confirmed an arbitration award in favor of defendants, it also denied a separate defense motion for sanctions made under Code of Civil Procedure section 128.7 for advancing frivolous claims. The appellate court noted the primary purpose of section 128.7 is deterrence of filing abuses, not to provide compensation for those […]
Sometimes A Legal Malpractice Action May Be Assigned.
Pursuant to Goodley v. Wank & Wank, Inc. (1976) 62 Cal.App.3d 389, [133 Cal.Rptr. 83], a legal malpractice action may not be assigned in California. In the present matter, the trial court determined an assignee plaintiff lacked standing in a legal malpractice action and entered a judgment of dismissal. Finding the usual public policies concerns were not at […]
Violation Of State Bar Rules Of Professional Conduct Court Sanctions Reversed.
A lawyer was sanctioned $43,000 under California Rules of Court, rule 2.30(b) for violating the California State Bar Rules of Professional Conduct by negligently hiring an attorney ineligible to practice law to assist her by acting as counsel at trial. In reversing, the appellate court stated: “As rule 2.30(b) does not authorize sanctions for violations of the Rules […]
Sister State Judgments.
The Court of Appeal was asked to decide two issues in a matter involving the Sister State and Foreign Money-Judgments Act [SSFMJA; Code of Civil Procedure section 1710.10]: 1) “Is a judgment creditor which is a foreign limited liability company required to qualify to do business in California as a precondition to applying for entry of […]
Employers’s Demurrer Overruled On Appeal.
Plaintiffs worked for a company about to be sold. The owners allegedly promised that if plaintiffs would stay on until the sale was complete, they would be paid a bonus sufficient for them to retire. The company sold for $30 million and the promised bonuses were not paid. Plaintiffs brought an action for several causes of […]
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