In Banning Ranch Conservancy v. Sup.Ct. (City of Newport Beach) (Cal. App. Fourth Dist., Div. 3; March 22, 2011) 193 Cal.App.4th 903, [123 Cal.Rptr.3d 348], a law firm previously represented city on an unrelated matter. It also entered into an agreement with the city to provide future legal services “as requested,” conditioned on the firm’s “ability to take on the […]
One-Year Statute Of Limitations Applies In Action Against Attorney For Malicious Prosecution.
California Code of Civil Procedure section 340.6 specifies a one-year statute of limitations in actions against attorneys “arising in performance of professional services, except for actions for actual fraud.” Section 335.1 specifies a general two-year statute of limitations applicable to actions for malicious prosecution. Plaintiff sued his opponent in an earlier suit and her attorney for malicious […]
Court May Issue Writ Of Attachment While Arbitration Is Pending.
After beginning arbitration proceedings, plaintiff applied to the court for a writ of attachment supported by a showing of potential insolvency of defendant which might render an award in arbitration ineffectual. The court issued the writ and the Court of Appeal affirmed. California Retail Portfolio Fund GMBH & Co. v. Hopkins Real Estate Group (Cal. App. […]
Notice And Hearing Required Before Court May Order Sanctions.
In Marriage of Duris (Cal. App. Second Dist., Div. 6; March 14, 2011) 193 Cal.App.4th 510, [123 Cal.Rptr.3d 150], the court conducted a hearing on a motion to modify child support. At the conclusion of the hearing, the court ordered the moving party to pay $10,000 in sanctions because of “unnecessary legal activity.” The Court of Appeal reversed. […]
Statute of limitations for wrongful termination starts on date right-to-sue notice is issued.
The statute of limitations for an action for wrongful termination starts when the Department of Fair Employment and Housing issues its right-to-sue letter, not on the date the notice is received by the plaintiff. Hall v. Goodwill Industries of Southern California (Cal. App. Second Dist., Div. 8; March 16, 2011) 193 Cal.App.4th 718, [123 Cal.Rptr.3d 274].
Award Of Private Attorney General Attorney Fees Reversed.
In the trial court in a matter concerning a homeowner’s request to build an addition, which had been denied in part by the Coastal Commission, the superior court issued a writ of mandate stating that the Coastal Commission’s findings with respect to a bluff edge were not supported by substantial evidence. Thereafter the trial court awarded […]
Personal Service Effectuated By Serving UPS Store.
The trial court granted discovery motions and later a summary judgment in favor of defendants. Plaintiff’s appeal contends he was not properly served. This was the situation: A self-represented plaintiff had filed a notice of change of address that lists the address of a UPS store at which he rents a mailbox and states that “all […]
No Trail To Follow Filing A Late Claim.
In a wrongful death action, decedent was killed during an August 3, 2010, traffic accident caused by a drunk/drugged driver. About an hour and a half prior to the accident, a California Highway Patrol officer stopped the driver, but saw no indication of intoxication, although the driver was not licensed, the car was uninsured and had […]
Anti-SLAPP Comments On Newspaper’s Website.
A newspaper has a User Agreement which provides: “The bulletin boards, chat rooms, community calendars, and other interactive areas of the Service are provided to users as interesting and stimulating forums to express their opinions and share ideas and information. We expect people to differ—judgment and opinion are subjective—and encourage free speech and the exchange of […]
Plaintiff Lacks The Corporate Capacity To Sue.
At a time when its corporate powers were suspended for failure to pay taxes, a corporation assigned its rights and interests to an entity. The assignee filed an action, and the trial court ordered the complaint stricken and the action dismissed. The appellate court agreed with the trial court that plaintiff lacked the capacity to sue. […]
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