In a marital dissolution action, Judge #1 ruled an agreement was not enforceable. Judge #2 reconsidered the matter over three years later, on the court’s own motion, and ruled the agreement was enforceable. On appeal, the wife asserted Judge #2 erred in granting reconsideration of Judge #1’s ruling. In reversing, the Court of Appeal found […]
Telephone Call Sufficient Contact For Jurisdiction In California.
A California lawyer made a telephone call to an Arizona lawyer to inquire about title and ownership of equipment the California lawyer’s client was contemplating buying from a Texas company. He left a voicemail message, and the Arizona lawyer returned the telephone call. The Arizona lawyer represented he was the lawyer for the Texas company, […]
$3,751,969 Personal Injury Verdict Affirmed.
In a special verdict, a jury found two defendant motorists were negligent but concluded only one of them was a substantial factor is causing injuries to a bicyclist on a sidewalk. Thus, only one of the defendants was held responsible for plaintiff’s personal injury verdict of $3,751,969 in damages. On appeal the defendant who was […]
“Moving On Is Easy. It’s Staying Moved On That’s Trickier.” Katerina Stoykova Klemer.
Family Code section 771, subdivision (a), provides that earnings and accumulations of a spouse while living separate and apart from the other spouse are separate property of the spouse. In this case, the couple was separated but still living in the same home. The Court of Appeal concluded Family Code section 771, subdivision (a), requires […]
Previously We Reported: If At First You Don’t Succeed, Don’t Wait Too Long To Try, Try Again.
In a dispute involving construction of a condominium project, defendants failed to file a responsive pleading after the court denied defendants’ petition to order the matter into arbitration. The trial court entered a $1.7 million default judgment. Defendants moved for mandatory relief pursuant to Code of Civil Procedure section 473(b), which the trial court denied […]
Lemon Law.
Plaintiff purchased a used automobile from a private party, and thereafter sued Ford Motor Co. alleging violations of the Song-Beverly Consumer Warranty Act [Civil Code section 1790 et seq.]. Ford’s motion for summary judgment was granted because Civil Code section 1791(l) requires the seller to be a “retail seller” engaged in the business of selling […]
Disabled Plaintiff May Proceed Under Both Disabled Persons Act And The Unruh Civil Rights Act.
Plaintiff, who is disabled, was denied service at defendant’s restaurant due to presence of plaintiff’s service dog. After hearing various motions, the trial court concluded plaintiff could assert a claim under the Disabled Persons Act [DPA; Civil Code section 54055.3], but not under the Unruh Civil Rights Act [Civil Code sections 51, 52]. Plaintiff voluntarily […]
In Affirming Grant Of Summary Judgment, Appeals Court Declined To Extend Case Of Mary M. V. City Of Los Angeles [Case Involving Late Night Rape By A Police Officer Who Stopped Female Motorist.]
A social worker, who was not assigned to the then-15-year-old foster child volunteered to transport the child to his new foster home. The transfer was completed without incident, but the social worker went back to the new foster home after hours and picked up the child. He took him to a liquor store and then […]
Lis Pendens Void.
An adverse possessor obtained a lis pendens but failed to mail it to the address shown in the assessor’s roll, an address known to be invalid. The Court of Appeal found the lis pendens void, stating: “[U]nder the applicable statues, the lis pendens had to be mailed to the [property owner’s] address as shown on […]
“Rules Are For Children. This Is War, And In War The Only Crime Is To Lose,” Joe Abercrombie.
During the trial of a personal injury action, defense counsel asked questions in clear violation of the trial court’s in limine orders. The trial court sustained each of plaintiff counsel’s objections, but defense counsel continued to violate the in limine orders. The Court of Appeal reversed the judgment in favor of the defendant, stating: “Because […]
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