In a lemon law action, the trial court denied the truck manufacturer’s motion in limine to exclude evidence of a repair done after the expiration of the warranty. A jury awarded plaintiff restitution value for the vehicle, and the trial court granted a new trial after concluding it erred in denying the motion in limine. The […]
Mistake Of Arbitrator Not Enough To Invoke § 10 (a)(4) Of Federal Arbitration Act.
A medical doctor entered into a contract with a health plan. The doctor agreed to provide medical care to members of the health plan and the health plan agreed to pay the doctor. The doctor filed a class action in New Jersey alleging the health plan failed to make full and prompt payment to the doctors. […]
You’ve Got Termination E-Mail.
A probationary school nurse was notified of her termination by e-mail. Pursuant to Education Code section 44929.21, subdivision (b), the governing board of a school district must notify a probationary teacher on or before March 15 of the teacher’s second complete consecutive school year of employment of the decision to reelect or not reelect the teacher […]
BMW/Mini Arbitration Contract Permeated By Unconscionability.
A retail sales installment contract used to purchase an automobile that was one page, 8.5” wide and 26” long. There were numerous and extensive provisions on both sides. Plaintiffs were asked to sign, or initial, 12 places on the front side, but, no places on the back side. An arbitration clause was on the back side […]
Delayed Discovery Rule Waived In Construction Contract.
The construction contract executed by the parties included a clause which provided that all causes of action relating to the contract work would accrue from the date of substantial completion of the project, abrogating the delayed discovery rule. The trial court concluded the clause was valid and enforceable, noting that the agreement “was one between sophisticated […]
Danger In Permitting A Broker To Fill Out Insurance Application.
The premises of a business was damaged by fire. An endorsement in the business insurance policy required as a condition of insurance that the insured premises contain automatic sprinklers. The insurance application stated in the box entitled “FIRE PROTECTION (Sprinklers, Standpipes, CQ/Halon Systems),” that the applicant had “SMOKE DETECTORS/FIRE EXITING/SPRINKLERS.” The insurer declined coverage, and the […]
Investment Bankers Sealed Their Lips, And Now They Are Defendants.
Investors purchased a tenant in common ownership interest in a senior housing facility from a real estate investment company. The company did not disclose to the investors that its sole owner is a convicted felon, a violation of state securities law; nor did it disclose the existence of a second loan that grossly overleveraged the property. […]
Broad Language In Contractual Attorney Fee Provision.
Plaintiff prevailed under her negligence cause of action, but did not recover under her cause of action for breach of contract containing an attorney fee provision. That provision states: “All parties to this agreement agree to mediate, in good faith, any dispute prior to initiating arbitration or litigation. The prevailing party in the event of arbitration […]
Fifteen Percent (15 %) Interest Not Usury.
Plaintiff borrowed money from a mortgage lender secured by a deed of trust on certain real property. The interest rate was 15%, with interest-only payments from 2009 until 2012. When plaintiff defaulted, the lender foreclosed. Plaintiff filed suit against the lender claiming the interest rate on the loan exceeded the maximum allowed by the California Constitution, […]
Seeking Lower Rates From A Court Reporter Must Be Done In Original, Not A New, Action.
In a construction defect action, the plaintiff added a defendant to the action after 57 depositions had been taken. The new defendant requested copies of those 57 depositions, and the court reporter quoted $2 per page, or $16,000. The new defendant offered to pay $30 flat rate in exchange for a computer disc containing uncertified copies […]
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