Whether you are a property owner or a contractor trying to get paid for a project, you want to pay particular attention to the statutory framework governing mechanic’s lien law in California. If contractors do not comply, enforcing a mechanics lien can be difficult and this has important ramifications for both the property owner and […]
Doesn’t Matter If Litigant Has The Money To Pay. If Someone Is On Public Assistance, Courts Must Give Them A Free Ride And Waive Court Fees.
A woman’s fee waivers were denied by the trial court, after the court concluded that, even though she received public assistance, she had other sources of money. In reversing, the appellate court stated: “There is nothing in the court’s orders or findings to suggest the court did not believe appellant was receiving public benefits. The […]
“Violence Is One Of The Most Fun Things To Watch.” Quentin Tarantino.
A student at the University of California San Diego hit another student with his fist, causing the other student to fall to the ground, a loss of consciousness and a concussion. A student conduct review board did not recommend suspension, but the Council of Deans imposed a suspension for two quarters. The aggressive student filed […]
Class Action Judgment Against Auto Dealership Reversed In Part And Affirmed In Part.
This class action was brought by consumers who purchased automobiles. It was tried by the court, and judgment was entered in favor of defendant automobile dealership. The trial court awarded $1,503,084.50 to defendant in attorney fees and costs. The appellate court reversed portions of the judgment and affirmed other portions. The reversed portions included a […]
Misconduct Means No Unemployment Insurance Benefits.
The superior court granted a writ of mandate brought by an employee of a school district who was denied unemployment insurance benefits pursuant to Unemployment Insurance Code section 1256. The appellate court reversed the superior court’s order directing that the employee receive unemployment compensation benefits because the man committed misconduct within the meaning of 1256 […]
Limited Civil Case For Debt Collection Reversed Based Upon Documentary Evidence.
A purchaser of a delinquent debt, the plaintiff, filed an action against the debtor, defendant. In limited civil cases, under Code of Civil Procedure section 98, documentary evidence may be introduced at trial under certain circumstances, including that the affiant is located within 150 miles of the place of trial, and, thus, available for service […]
Heightened Standard For Pleading Fraud Met By Attaching Loan Documents To Complaint.
Plaintiffs’ complaint alleges, among other things, fraud and unfair business practices in the origination of plaintiffs’ residential mortgage loans, and negligence in the subsequent servicing of the loans, including negligent review of plaintiffs’ applications for loan modification. Plaintiffs contend the trial court erred in sustaining defendants’ demurrer when it concluded the complaint fails to allege […]
No Living-In-Car Ordinance Held Unconstitutional.
Plaintiffs are four homeless persons who are Living-In-Car contend a city ordinance is unconstitutional. In 1983, the City of Los Angeles enacted an ordinance, Municipal Code section 85.02: “No person shall use a vehicle parked or standing upon any City street, or upon any parking lot owned by the City of Los Angeles and under the […]
Action Against Social Host Parents For Wrongful Death Of 17-Year-Old Sleepover Guest.
After the parents of a 16-year-old went to bed, a 17-year-old sleepover guest obtained vodka from the parents’ bar and consumed 15 shots. She vomited and passed out. The 16-year-old propped her friend’s head against the toilet, closed the bathroom door and went to bed. The girl was pronounced dead the next day. The decedent’s […]
Nonsuit Reversed In Breach Of Implied Warranty Of Merchantability Suit.
Plaintiff brought an action against a car manufacturer for breach of implied warranty of merchantability under Civil Code section 1792. The trial court granted the manufacturer’s nonsuit on the grounds that no reasonable jury could conclude a new vehicle sunroof that spontaneously opens and closes while driving constitutes a safety hazard in violation of the […]
- « Previous Page
- 1
- 2
- 3
- 4
- …
- 6
- Next Page »