In Wills v. The Sup. Ct. of Orange County (Cal. App. Fourth Dist., Div. 3; April 13, 2011) (As Mod., May 12, 2011) 194 Cal.App.4th 312, [2011 DJDAR 5338], an employee of the Superior Court suffered from bipolar disorder. During a manic episode she threatened fellow employees and others. The Court discharged her for this conduct and she sued, […]
Don’t Wear Skirts In Franklin County, Ohio Courthouse.
The ABA on-line journal reports “Judge Julie Lynch notes an unfortunate juxtaposition at the new courthouse in Franklin County, Ohio. The courthouse is used to sentence sex offenders, and its glass staircase may be used by women in skirts, the Columbus Dispatch reports. ‘If you wear dresses, you’re on notice that you might want to take […]
U.S. Supreme Court holding on preemption of class action waivers does not apply to representative actions under Private Attorney General Act.
In AT&T Mobility LLC v. Concepcion (2011) 131 S.Ct. 1740, [179 L.Ed.2d 742], the U.S. ff.). In Brown v. Ralphs Grocery Company (Cal. App. Second Dist., Div. 4; July 12, 2011) (As Mod. July 20, 2011) 197 Cal.App.4th 489, [2011 DJDAR 10523], plaintiff sued for alleged violations of the Labor Code, asserting both a class action cause of action […]
When Trying To Effect Service Of Process In Unlawful Detainer Cases What Is “Reasonable Diligence?”
Code of Civil Procedure section 415.45, provides that summons may be served on an unlawful detainer defendant by posting it on the premises, along with notice sent by certified mail to that address, if the court determines that “the party to be served cannot with reasonable diligence be served in any manner specified in this article [i.e., […]
Is There A Duty Of Care To Secure Cargo To Prevent Tragedy On The Highway?
A CHP officer stopped a car, and the two were parked on the right shoulder of a freeway. Meanwhile, another man was proceeding along the freeway with two dirt bikes strapped inside his truck bed. The bikes were strapped down by employees of a motorsports dealership. The bikes were “hopping around a little bit,” and the […]
Highest Bidder At A Trustee Sale Of Real Property, Too Good To Be True.
Plaintiff was the highest bidder at a trustee’s sale of real property, and he filed an action to quiet title. Two days after the sale, the trustee telephoned plaintiff and told him the sale was void because the trustee “did not offer the Property for a high enough bid amount.” The trustee returned plaintiff’s cashier’s check, […]
How Much Are Those Coupons Really Worth?
The federal district court approved a class action settlement in which class members were to receive coupons, and their lawyers were to receive cash. The Ninth Circuit reversed and remanded the matter to the district court, stating: “When a settlement provides for coupon relief, either in whole or in part, any attorney’s fee ‘that is attributable […]
Watch Out For That Nonsettling Party!
In a construction defect case, a homeowners association settled with all but one party, a roofing company. After the settling parties signed the settlement agreement, one of the defendants dismissed its cross-complaint against the nonsettling party, mailing its written notice of dismissal on July 14, 2011. The nonsettling party filed a cost bill on August 2, […]
Allegations Of Breach Of Professional And Ethical Duties Against Lawyer.
A lawyer, who was co-founder of a firm, resigned from the law firm after an internal dispute. Five days prior to the effective date of his resignation, he remotely accessed the law firm’s document management system and spent several hours reviewing certain files relating to real estate transactions. Five months afterwards, one of the law firm’s […]
Parties May Reserve Issue Of Prevailing Party In Settlement Agreement.
The parties to a litigation settled their dispute pursuant to a written settlement agreement, which stated: “This Settlement Sum is exclusive of attorney’s fees and costs. . . . [¶] [Plaintiff] shall apply to the Court by way of a motion for such attorney’s fees and costs incurred in the Action pursuant to California Civil Code […]
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