After her home loan went into default, plaintiff agreed to a trial period plan [TPP], a form of temporary loan payment reduction under the Home Affordable Mortgage Program [HAMP]. Plaintiff complied with the TPP, making timely reduced monthly payments. Nonetheless, the bank denied her a permanent loan modification, and plaintiff’s home was sold at a trustee’s […]
Court Erred In Finding A Lack Of Mutual Assent.
A commodities merchandiser entered into 12 contracts. It sued the buyer alleging it failed to accept and pay for some of the merchandise. After a bench trial, the court found there was no mutual assent for lack of certain contract terms. Judgment was entered for the buyer. The Court of Appeal reversed, stating in part: “The […]
Sign This Arbitration Provision If You Want To Work Here.
Carpet installers were told to sign a form contract when they were hired and again during their employment. The contract included an arbitration provision among its 37 paragraphs, a six-month statute of limitations and a unilateral attorney fee provision which worked to the detriment to the employees. The forms were in English and the employees did […]
Summary Judgment Reversed.
Plaintiff entered into a construction loan agreement with a bank, but the bank failed to properly make fund disbursements. As plaintiff attempted to salvage the situation, the bank went into receivership. Later defendant purchased the bank’s assets through a purchase and assumption agreement. Plaintiff stopped making payments and defendant took steps to foreclose. Two days prior […]
Trial Court Told To Give Its Reasons For Denying Arbitration Petition.
Plaintiffs invested in six separate funds created by defendant, some of them investing in all six funds and others in vesting in one or more of the funds. Some of the funds contained arbitration provisions, and some did not. The trial court denied all six petitions to arbitrate. The appellate court reversed and remanded, stating: “Because […]
Attorney Fees Provision In Escrow Instructions Unconscionable.
Plaintiffs lost at summary judgment after bringing an action against a title company for overcharging for notary services performed through the title company’s escrow services company. The escrow instructions contained an attorney fee provision, and, under it, the trial court awarded the title company $266,801 for its attorney fees. The appellate court reversed the attorney fee […]
Nonsignatory To Arbitration Agreements May Not Compel Arbitration.
Plaintiffs each own a 2010 Toyota Prius. They signed arbitration agreements with dealerships. The car manufacturer sought to compel arbitration under those arbitration agreements, and the district court denied the request because the manufacturer was a nonsignatory to the arbitration agreements, and because it waived any right to compel arbitration by vigorously litigating the action in […]
Business Judgment Rule Does Not Shield Cooperative.
A dairy cooperative instituted production quotas for its members and reduced payments for milk deliveries in excess of the quotas. One co-op member brought an action for breach of contract claiming his quota was too low. The contract required the co-op to accept all of the milk from its members “subject to the right of the […]
Coverage Excluded For Ordinance or Law Under Homeowners Policy.
Plaintiffs’ homeowners policy reads: “We do not insure under any coverage for any loss which is caused by one or more of the items below, regardless of whether the event occurs suddenly or gradually, involves isolated or widespread damage, arises from natural or external forces, or occurs as a result of any combination of these: a. […]
Ignoring An Offer to Compromise Under § 998 May Be Costly.
After two trials and a remitter, a medical malpractice case appeared to be over when judgment was entered for $1,437,276. But the parties soon became embroiled in an issue over costs. Two months after the complaint was served, plaintiff had served on defendant a document entitled “Acceptance of Plaintiffs’ Offer to Compromise Pursuant to [Section] 998 […]
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