After receiving an arbitrator’s award and searching the internet to find out the arbitrator’s parents were German Jewish escapees who lost family and property in the Holocaust, the losing party claimed the superior court erred in not vacating the award because the arbitrator did not disclose his religion and family background. The losing party, whose father […]
No Commonality Among Employment Decisions Means No Class Action.
In Wal-Mart Stores, Inc. v. Dukes (U.S. Sup. Ct.; June 20, 2011) 131 S.Ct. 2541, [180 L.Ed.2d 374], current and past employees of Wal-Mart sought injunctive relief, punitive damages and back pay for themselves as well as 1.5 million female employees, alleging discrimination against women under Title VII of the Civil Rights Act of 1964. A federal district court […]
Frivolous Claim Under False Claim Act Entitles Employee To Attorney Fees.
Kern county sued an employee under the False Claim Act (Government Code section12650 ff.) after the employee sought reimbursement for classes taken. The court found that the action under the False Claims Act was frivolous and was filed in retaliation for a federal suit against the county filed by the employee. The court awarded attorney fees […]
Failure To Give Proper Notice Of Amount Sought Prevents Default Judgment.
Where the complaint fails to specify the amount sought to be recovered (or in cases involving personal injury, or wrongful death, where the plaintiff fails to serve a statement of damages (Code of Civil Procedure section 425.11)), the court lacks jurisdiction to enter a default judgment. This is true whether the default is the result of […]
Attorney Client Privilege Protects Communications Between Attorneys Regarding Case Being Handled By Firm.
In Fireman’s Fund Insurance Company v. Sup.Ct. (Front Gate Plaza, LLC) (Cal. App. Second Dist., Div. 3; June 28, 2011) 196 Cal.App.4th 1263, [127 Cal.Rptr.3d 768, 2011 DJDAR 9647], the trial court ruled that communications between counsel representing the same party were not privileged under the attorney client privilege and ordered the lawyer involved in the communications to answer […]
Mandatory Relief From Setting Aside A Default Depends On Credibility Of Counsel’s Declaration.
Under Code Civ. Proc. Section 473, subdivision (b), setting aside a default or dismissal if a timely motion is filed supported by an attorney’s “declaration of fault.” But, according to Cowan v. Krayzman (Cal. App. Second Dist., Div. 8; June 20, 2011) 196 Cal.App.4th 907, [126 Cal.Rptr.3d 793, 2011 DJDAR 9043], the court does not have to take […]
Only shoot at cats having some fair market value.
Mr. Grosser allegedly shot Mr. Kimes’s cat with a pellet gun. Kimes claimed he spent $36,000 for emergency surgery and follow up care for the partially paralyzed cat. The trial court ruled that the cat had no market value and that, because plaintiff could not recover more than the market value, the suit should be dismissed. […]
Sale Of Orange County Fairgrounds Set Aside.
As part of Governor Schwarzenegger’s plan to raise funds by selling state owned real property, the California Department of General Services sold the Orange County fairgrounds. A number of parties, including one of the unsuccessful bidders, sued to void the sale. The Court of Appeal agreed with plaintiffs. The Department failed to comply with the statutory […]
Court Cannot Affect Rights Of Non-Party Trust Deed Holder.
In an action for fraudulent transfer the court granted summary judgment in favor of the trust deed holder. Later, another judge tried the fraudulent transfer case against the previous and subsequent owner of the property and held that their rights prevailed over the trust deed holder. The Court of Appeal reversed. The trust deed holder was […]
No Arbitration Because Of Possibility Of Conflicting Rulings.
Plaintiff sued a residential care facility for elder abuse and wrongful death regarding alleged inadequate care. As her mother’s attorney in fact, plaintiff had entered into a “residency agreement” with the facility, which agreement contained an arbitration clause, but plaintiff did not enter the agreement in her personal capacity. Under the arbitration clause, all claims related […]
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