Plaintiffs purchased a used automobile after negotiations were conducted in Spanish. When a dispute arose, plaintiffs sued the automobile sales company. Defendant moved for arbitration, attaching a Spanish translation of the underlying sales contract, which included an arbitration agreement, in its petition. Plaintiffs produced a Spanish translation of the underlying sales contract, which contained no arbitration agreement.
Court Declined To Create A New Exception To The Collateral Estoppel Rule.
Years ago, the juvenile court terminated plaintiff’s parental rights to her daughter and the Court of Appeal affirmed, rejecting plaintiff’s contention of ineffective assistance of counsel by her appointed juvenile dependency lawyers. Thereafter, plaintiff filed the current action for legal malpractice against the same lawyers. The trial court granted the lawyers’ motion for summary judgment.
“Tired Mothers Find That Spanking Takes Less Time Than Reasoning And Penetrates Sooner To The Seat Of Memory.” — Will Durant.
A mother of two children, one born in 2007 and the other in 2010, disciplined the children “by making them do chores, by scolding them verbally, by denying them privileges. . . and by threatening to spank them. On rare occasions when these techniques did not work, she would spank the children on the buttocks with her bare hand or with a sandal.
No Motion To Quash Permitted By Tenant Served With A Three Day Notice To Quit.
The issue is whether the tenant in an unlawful detainer action may bring a motion to quash service of the summons on the ground that the landlord did not properly serve the three-day notice to pay rent or quit required under the Unlawful Detainer Act. [Civ.Proc. §§ 1159-1179a.]
No Landlord Liability For Unknown Dangerous Condition Brought Onto Premises By Tenant.
A landscaper was injured by explosives brought onto the property by a tenant of the property’s owner. The trial court entered summary judgment in favor of the owner of the residence. On appeal, the plaintiff contended a month-to-month tenancy provides the landlord the right to enter and inspect the property at periodic intervals.
County Immune.
A high school student took a swing on a rope swing attached to a tree in a county park. The rope broke and the boy was seriously injured when he hit debris below, which debris included cut-down tree limbs and brush left by county maintenance workers. Afterward, an expert opined the rope was damaged from exposure to the sun for over three months.
No Asylum For Abused Gay Man.
A man brought a petition for review of an immigration board’s denial of asylum to the Ninth Circuit Court of Appeals under the Convention Against Torture [CAT] based on his sexual orientation and HIV-positive status. The man testified he was raped and otherwise sexually abused by his uncle, his cousins and a neighbor, and that his abusers referred to him using homophobic slurs, telling him they were abusing him because he was gay.
“The Primary Purpose . . . Was To Ruin [Former Husband And His New Wife] Financially.” The Trial Court.
The trial court ordered a former wife to pay her former husband $151,967 and his new wife $124,352 both as sanctions under Family Code section 271 and to pay for their attorney fees pursuant to Family Code section 2030. The trial court described the proceedings as a “morass of litigation, the primary purpose of which was to ruin [former husband and his new wife] financially.”
“Governments Have Monopolies On Certain Things, Like Eminent Domain And Deadly Force,” P.J. O’Rourke.
A public school sits next to a large piece of private property in a downtown area. The school district requested the trial court to grant it a right to enter the private property to conduct certain investigations and environmental testing under Eminent Domain law, [Code of Civil Procedure section 1245.010, et seq.], with an eye toward potentially expanding the existing school and constructing other school facilities.
Motion For Summary Judgment Decided On Issue Not Briefed.
The appellate court decided a motion for summary judgment in favor of the moving party on an issue not briefed by the parties nor considered by the trial court.
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