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 […]
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, […]
Patent Exhaustion Does Not Permit Farmer’s Practice.
Plaintiff company invented and patented genetically altered soybean seeds. It sells the seeds to farmers pursuant to a licensing agreement. A farmer purchased the seeds for his first crop, following the terms of the licensing agreement. But for the next crop, the farmer planted ordinary soybeans and used plaintiff’s alteration methods to achieve the same genetically […]
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