To reach a subway station, a planned subway will travel under Beverly Hills High School. Both the City of Beverly Hills and the Beverly Hills Unified School District objected to the placement of a subway tunnel under the high school or any other properties located in Beverly Hills. Their objection was based on the environmental […]
Attorney Fees In Small Claims Appeal.
While lawyers usually cannot represent parties in a small claims action, lawyers may represent parties in small claims appeals. (Civ.Proc. § 116.530.) Code of Civil Procedure section 116.780(c) provides for an award of fees up to $150 and up to $1,000 if appeal was without substantial merit and not based on good faith. In the […]
Previously We Reported: No Wrongful Termination When Contract Not Renewed.
Actress brought suit for wrongful termination after her contract for a sixth season of a television show was not renewed. The trial court denied defendant’s motion for a directed verdict, and defendant sought extraordinary relief. The Court of Appeal granted the petition,
Court Abused Its Discretion In Not Renewing Restraining Order.
After a series of violent incidents, the court issued a restraining order to protect petitioner and her family. A few years later, petitioner asked the court to renew the restraining order after she spotted a vehicle outside her home, although petitioner did not know who was driving it. The vehicle was similar to the one the restrained man drives. The trial court declined to renew the restraining order because of lack of evidence.
Equal Justice Under Law As Long As You Pay For It.
Ten days prior to trial, the trial court informed the parties “the court no longer provides a court reporter for civil trials, and the parties have to provide their own reporters for trial.”
Pre-Class Certification Discovery To Seek Out A Plaintiff.
The trial court also granted plaintiff’s motion to compel discovery of the names and contact information of current and former employees.
Jury Should Have Been Told Of Pretrial Settlement.
Plaintiff was injured in a car accident and sued alleging the drivers and owners of two other vehicles were at fault. One of the defendants settled with plaintiff, but a provision in the settlement required that defendant appear and participate as a party defendant at trial. A jury found the other defendant 60 percent liable […]
Structured Settlement Protection Act Applied.
The trial court approved transfer of structured settlement payments to a factoring company and ordered the payor insurance company to send the funds directly to the factor, and the insurance company appealed. The Structured Settlement Protection Act [SSPA; Insurance Code section 10134 et seq.] was passed to protect structured settlement payees from exploitation by factoring […]
Previously we reported: Jury Awarded Lawyer $5,000/Hour For Fees.
An attorney, who represented a client in two divorce cases and a related Marvin action [Marvin v. Marvin (1976) 18 Cal.3d 660 [134 Cal.Rptr. 815, 557 P.2d 106]] without a statutorily required written hourly or contingency fee agreement, sued his client for the reasonable value of the services he rendered in the three cases. The jury, […]
Arbitration Agreement In Employment Case Unconsionable.
In a wrongful termination action, the trial court denied defendant’s petition to compel arbitration because the agreement is procedurally and substantively unconscionable. On plaintiff’s first day of work, she was provided electronic access to the employer’s “onboarding system,” which included an arbitration agreement. Later the same day, plaintiff attempted to negotiate some of the terms […]
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