If certain specified conditions are met, Code of Civil Procedure section 1021.5 provides for an award of attorney fees “in an action which has resulted in the enforcement of an important right affecting the public interest.” In Edna Valley Watch v. County of San Luis Obispo (Cal. App. Second Dist., Div. 6; August 2, 2011) […]
Statute Of Limitations On Federal Habeas Petition Does Not Apply In Face Of A Credible Claim Of Actual Innocence.
Under the Antiterrorism and Effective Death Penalty Act of 1996 [28 U.S.C. §2241, ff.] a federal petition for habeas corpus must generally be filed within one year from the date that direct review becomes final. (Check the statute for certain exceptions.) But in an en banc opinion, the 9th Circuit ruled that where the petitioner […]
Failure To Plead Alter Ego Theory Does Not Preclude Amendment Of Judgment If Alter Ego Was Virtually Represented In The Action.
After obtaining judgment against Sayrahan Group, LLC, plaintiff discovered that D’Arco had always had a 100% ownership of the company and made all of its business decisions. Plaintiff filed a motion to amend the judgment to add D’Arco as a judgment debtor. The trial court denied the motion, holding plaintiff had to file a new […]
Japanese Resident May Not Be Compelled To Give Deposition In California.
Toyota Motor Corp. v. Sup.Ct. (Stewart) (Cal. App. Second Dist., Div. 3; July 27, 2011) (As Mod. July 28, 2011) 197 Cal.App.4th 1107, [130 Cal.Rptr.3d 131; 2011 DJDAR 11254] resolves an apparent conflict between California Code of Civil Procedure Sections 1989 and 2025.260. Section 1989 provides that a person is not obligated to attend as […]
Whether Party Is Subject To A Statutory Exemption From Arbitration Is For The Court To Decide.
Section 1 of the Federal Arbitration Act exempts employment contracts of a class of workers engaged in interstate commerce. The determination whether this exemption applies must be made by the court, not by the arbitrator. Van Dusen v. U.S. District Court (9th Cir.; July 27, 2011) 654 F.3d 838, [17 Wage & Hour Cas. 2d […]
Child Support Is Owned By The Children.
After mother was convicted of various charges based, in part, on failure to pay a foreign citizen whom she arranged to immigrate based on a fraudulently obtained visa, the court ordered her to pay the foreign citizen restitution based on the value of the services performed. In the restitution order, the court ordered mother to […]
Practice What You Preach.
Lawyer/employer who said he “handled sexual harassment cases, representing both plaintiffs and defendants, and had taught seminars on sexual harassment” was sued for sexual discrimination by an employee of law firm. Some evidence related to harassing activity outside the plaintiff’s presence. The trial court excluded the “ME TOO” evidence. The jury found for the defense […]
Unauthorized Use Of Another’s Password Constitutes Identity Theft.
After minor received another person’s password and account information, he used it to gain access to her Facebook and posted obscene messages on two pages and altered her profile. Even though defendant did not obtain the password and account information “willfully,” because he had not solicited it, his use of the information was unlawful and […]
One Person Does Not A Partnership Make.
Two brothers formed a partnership business which thrived for years until one partner withdrew. The brothers sued each other, alleging various causes of action. They asked the Superior Court to set a valuation of the business for buyout purposes. The Court of Appeal noted that both brothers wanted the court to assume a partnership can […]
$13.8 Million Punitive Damages Not Unconstitutionally Excessive.
Betty Bullock smoked cigarettes for 45 years. The jury awarded $850,000 in compensatory damages and later awarded $28 billion in punitive damages. The trial court granted a new trial on the issue of excessive damages with the condition it would deny the motion if plaintiffs consented to reduce the punitive damages to $28 million. Plaintiffs […]
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