Plaintiff, a corporation, propounded special interrogatories to defendant. Defendant did not provide answers because it contended plaintiff, as a suspended corporation, lacked the capacity to prosecute the action. The trial court agreed and awarded monetary sanctions to defendant. Subsequently, the trial court granted summary judgment in favor of defendant. The appellate court affirmed the grant […]
No Disqualification Of Counsel Because No Attorney-Client Relationship.
In one case, a lawyer represented a client who was one of two shareholders in a development corporation. That client sued the other shareholder for violation of fiduciary duties. The other shareholder filed a petition for court supervision of the winding up of the corporation. In the winding-up action, the same lawyer who represented the […]
Grant Of Landlords’ Anti-SLAPP Motion Against Tenant Reversed.
Landlords filed an unlawful detainer action, dismissing it prior to trial purportedly due to the unavailability of an essential witness. The tenant filed an action for nuisance, negligence, and intentional and negligent interference with contract. The trial court granted the landlords’ anti-SLAPP motion because the filing of an unlawful detainer action is a protected activity. […]
No Insurance Coverage For Water Damage.
Property damage resulted after a toilet malfunctioned when it failed to shut off the intake of water and, because there was blockage in the sewer line, the toilet overflowed. Exclusion in the insurance contract says the policy excludes any “loss or damage caused directly or indirectly by . . . [w]ater that backs up or […]
Disability Access Action Expensive For Wheelchair-Bound Plaintiff.
Plaintiff uses a wheelchair and brought an action against a small grocery store “for denying him and other similarly situated disabled persons access to the full and equal enjoyment of the goods and services offered” because a four-inch step at the entry to the market was a barrier. The grocer was granted summary judgment after […]
Marriage Does Not Automatically Invalidate A Domestic Partnership Agreement.
Two men entered into a written domestic partnership agreement and then registered as domestic partners. Later, during the brief period when same-sex marriages were legal in California in 2008, they married. Shortly afterward, one died. The surviving spouse claimed an interest in the estate of the deceased, and the probate court limited him to what […]
Area Outside Public Library Is A Public Forum.
To regulate leafleting on a municipal library campus, a City Council adopted a Handbill Ordinance restricting leafleting to the front of the library and prohibiting it on vehicles in the parking lot. It also prohibited “offensively coarse” language and gestures and required online reservations to use the “free speech area.” Plaintiffs obtained a preliminary injunction […]
After Judgment Of Dismissal In Favor Of The Defense, Plaintiffs Must Pay Defense Costs Of Providing Notice To Class Members.
A judgment of dismissal was entered by the trial court in favor of an insurance company in a case which was tentatively certified as a class action. The members of the putative class were insureds who paid their premiums in monthly installments. The trial court granted plaintiffs’ motion to tax costs of $713,463.72 incurred by […]
No Fees For Trustee Of Special Needs Trust.
Plaintiff served as trustee of a special needs trust for four and a half months. The trust specified that any trustee who succeeded the public guardian was not entitled to compensation. Nonetheless plaintiff billed the estate $108,771.07, and the trial court awarded him $51,285.63, likely because it was the court who had appointed that particular […]
Employer Not Estopped From Asserting Plaintiff Did Not Qualify For Family Leave.
An employee brought an action for wrongful termination against public policy after his requested family leave under the federal and state family leave laws [29 U.S.C. §2601; Government Code sections 12945.1-12945.3.] was denied. The plaintiff, a driver for a linen supply company, informed his supervisor that he needed seven weeks off to go to Sweden […]
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