In another case, appellants had an option to purchase real property and claimed the three-year statute of limitations under Civ.Proc. §338 applied. Both the trial and appellate courts found the two-year statute of limitations under Civ.Proc. §339 was the right one because “an option to purchase real property is a contractual right.” Cyr v. McGovran […]
Seller’s or Buyer’s Broker, Which Statute Of Limitations Applies?
California Civil Code section 2079.4 imposes a two-year statute of limitations on suits brought against a seller’s real estate broker. The standard buyer-broker agreement form issued by the California Association of Realtors form imposes a two-year limitations period for any legal action against a buyer’s broker. This case involves claims brought against a dual listing […]
Insurer Sits Back But Pays Later.
Two insurance companies were tendered claims by the same insured. One stepped up to the plate and provided a defense; the other declined the tender and merely monitored the suit. After the case was settled, the settling insurer sued the monitoring insurer for equitable contribution. The trial court allocated a 60/40 split between the insurance […]
Jeopardy Attaches After An Acquittal On Contempt.
Two employees of a waterproofing company quit and started a competing business. The employer brought an action against them which the parties settled, including a stipulated injunction, enjoining the two employees and their new company from contacting the employer’s customers. The agreement provided the trial court would retain jurisdiction over the parties pursuant to CCP […]
Dismissal For Failing To Date Governmental Claim Reversed.
Plaintiff was injured while exiting a bus. In her complaint, she alleged: “On January 15, 2010, Plaintiff filed a timely claim complying with the required claims statute. On or about January 19, 2010, a [Transit District] representative called Plaintiff’s representatives stating there was no date on the claim and requested that date of the incident […]
Dead Beat Dad Remark Protected.
In the midst of a contentious paternity and child support dispute, defendant wrote on a Web site that the public should be careful in dealing with plaintiff because he is a criminal and a deadbeat dad, is into illegal activities, and that she wouldn’t let him into her house. Plaintiff brought an action for defamation, […]
There’s A Difference Between A Waiver Of The Statute Of Limitations And A Tolling Agreement.
A producer of a television series entered into a contract for the services of an actor. On May 16, 2002, the lawyer for the actor sent a letter to the lawyer for the production company: “This letter will confirm our conversation on Wednesday, May 15th in which you courteously agreed that Don Johnson’s time in […]
No Separate Statement Results In Summary Judgment Granted.
In a wrongful termination case, the employer brought a motion for summary judgment containing evidence it had a legitimate business reason for terminating plaintiff’s employment. The evidence was that the employer discovered plaintiff, whose job “involved responding promptly to union members and diligently representing them,” had resigned from the state bar with charges pending after […]
First In Time, First In Right…uh oh, the preliminary title report didn’t catch something…Equitable Subrogation To The Rescue.
A husband and wife borrowed $3.2 million from Chase Bank to refinance their home and pay off two existing deeds of trust. The escrow instructions expressly stated the loan was to pay off the existing first and second deeds of trust, that the loan was not to close unless secured by a new first deed […]
Change In Law Permitted Court To Revisit Order Denying Arbitration.
In a class action alleging misrepresentation of cellular phone rates, the trial court denied defendants’ motion to compel arbitration in 2006, prior to the United States Supreme Court’s decision in AT&T Mobility LLC v. Conception (2011) 131 S.Ct. 1740, [179 L.Ed.2d 742]. Defendants renewed their motion to compel arbitration and the trial court granted it […]
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