Clients settled eminent domain action with County for almost $2.6 million, and later brought suit against their own lawyer for attorney malpractice and breach of fiduciary duty, claiming the lawyer failed to work up their case and properly prepare the experts. Their lawyer cross-complained for his legal fees in quantum meruit. The trial court awarded […]
Real Estate Commissioner Looked At Man’s Prior Crime Rather Than Whether He Had Rehabilitated Himself When Broker’s License Was Denied.
A man who had been previously convicted of a misdemeanor, and who completed his probation and had his conviction expunged under Penal Code § 1203.4, applied for a real estate broker’s license. A commissioner of the Department of Real Estate denied the man’s application based on the “dishonest nature” of his prior conviction for theft […]
Even Though Expert Had Previously Testified In Asbestos Cases, A Daubert Hearing Was Required.
An expert witness testified in federal court that a plaintiff’s exposure to asbestos for 20 years at a paper mill caused his mesothelioma. The defendant filed a motion in limine to exclude the expert testimony, which the trial court denied because the doctor had previously testified in other asbestos cases. A jury awarded $10,200,000 to […]
You Go First. No, After You.
Civil Code §910 requires a homeowner to serve notice of a construction defect claim to commence the prelitigation process before bringing a lawsuit. But §912 requires the builder to provide certain documents. The homeowners claimed they needed the documents before they could comply with §910, and the builder claimed it wasn’t required to provide the […]
County Must Disclose Billing Records Relating To Attorney Fees Charged For Defending County.
A lawyer requested documents under the California Public Records Act [CPRA, Government Code §6250 et seq.], and the County argued the records were not subject to disclosure because they were attorney-client communications, they were attorney-work product and they were exempt under the CPRA’s pending litigation exemption [§6254(b)]. After ordering the County to redact certain portions […]
What He Said To The IRS Didn’t Stay With The IRS.
A man had business dealings in both the United States and Japan. Representatives from the Internal Revenue Service [IRS] and Japan’s National Taxing Authority [NTA] held a meeting in 1996 to discuss the man’s taxes. During that meeting, they disclosed information to each other, but the man knew nothing about the meeting or the disclosures […]
Couldn’t Get Their Stories Straight.
Owners of luxury car reported it stolen, and then gave several inconsistent versions of the history of the car prior to its disappearance. Their insurance company denied coverage, the insureds sued for bad faith and the trial court entered summary judgment in favor of the insurer. The appellate court affirmed, stating plaintiffs failed to raise […]
The Law Is For Thee, But Not For Me.
The Fair Credit Reporting Act [15 U.S.C. §1681] is supposed to protect the privacy of consumers. Among other provisions, it says that “no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt,” […]
Arbitration Decision Vacated Due To Mistake Of Law.
Plaintiff was fired because his employer thought he was misusing his leave time by working in a restaurant he owned. The arbitrator denied his claim, finding the employer based its action on an honest belief. The trial court denied plaintiff’s motion to vacate the arbitrator’s decision. The appellate court reversed, stating: “The honest belief defense […]
Trial Court Erred When It Reduced The Size Of Easement.
The configuration of a property was changed over the years after an easement across it had been granted. Based on all the changes and the present needs of present property owners, the trial court ruled “the reasonable requirements of the Barlow Parcel both presently and in the future do not require the full size and […]
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