While lawyers usually cannot represent parties in a small claims action, lawyers may represent parties in small claims appeals. (Civ.Proc. § 116.530.) Code of Civil Procedure section 116.780(c) provides for an award of fees up to $150 and up to $1,000 if appeal was without substantial merit and not based on good faith. In the […]
Previously We Reported: Intellectual Property … The Devil’s In The “Related Search” Details.
Plaintiff is the manufacturer of high-end military style watches, known as MTM Special Ops watches. Defendant, retailer Amazon.com, does not sell these watches, but when a potential buyer inserts “MTM Special Ops” onto its website, a message will direct the person to related searches of “MTM special ops watch,” and show images of watches manufactured […]
Previously We Reported: No Wrongful Termination When Contract Not Renewed.
Actress brought suit for wrongful termination after her contract for a sixth season of a television show was not renewed. The trial court denied defendant’s motion for a directed verdict, and defendant sought extraordinary relief. The Court of Appeal granted the petition,
Court Abused Its Discretion In Not Renewing Restraining Order.
After a series of violent incidents, the court issued a restraining order to protect petitioner and her family. A few years later, petitioner asked the court to renew the restraining order after she spotted a vehicle outside her home, although petitioner did not know who was driving it. The vehicle was similar to the one the restrained man drives. The trial court declined to renew the restraining order because of lack of evidence.
Equal Justice Under Law As Long As You Pay For It.
Ten days prior to trial, the trial court informed the parties “the court no longer provides a court reporter for civil trials, and the parties have to provide their own reporters for trial.”
Pre-Class Certification Discovery To Seek Out A Plaintiff.
The trial court also granted plaintiff’s motion to compel discovery of the names and contact information of current and former employees.
Previously We Reported: Insurance Company Can Require Insured To Obtain Its Consent Before Assigning Interest In Policy.
One Fluor Corp. assigned its rights under liability policies to another Fluor Corp. when they underwent complex corporate restructuring. In a declaratory relief action, the liability insurer objected that its approval was not given pursuant to a consent to assignment provision in the policy. Fluor contended the provision was void under an 1872 statute which […]
Previously We Reported: Legal Malpractice Statute Of Limitations.
Plaintiff hired a lawyer to represent her in litigation. After settlement, plaintiff sought a refund of unearned attorney fees she had advanced as the lawyer had written her a letter stating she had a credit balance of $46,321.85 and the invoice so reflected. When the refund was not forthcoming, she hired another lawyer to try […]
Jury Should Have Been Told Of Pretrial Settlement.
Plaintiff was injured in a car accident and sued alleging the drivers and owners of two other vehicles were at fault. One of the defendants settled with plaintiff, but a provision in the settlement required that defendant appear and participate as a party defendant at trial. A jury found the other defendant 60 percent liable […]
Structured Settlement Protection Act Applied.
The trial court approved transfer of structured settlement payments to a factoring company and ordered the payor insurance company to send the funds directly to the factor, and the insurance company appealed. The Structured Settlement Protection Act [SSPA; Insurance Code section 10134 et seq.] was passed to protect structured settlement payees from exploitation by factoring […]
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