“It is difficult enough to practice law without having the clerk’s office as an adversary” an appellate court wrote. It added that whether the moving party’s motion “has legal merit is a determination to be made by a judge, not by the clerk’s office.” Noting that actions by the clerk’s office were “quite troubling,” the […]
Must Follow Contractual Alternative To Right To Repair Act In Construction Defect Matters.
Plaintiffs, owners of 32 homes built by developer, brought a construction defect action. Civil Code sections 895 through 945.5, the Right to Repair Act, prescribe non-adversarial pre-litigation procedures a homeowner must initiate prior to bringing a civil action against a builder for alleged construction deficiencies. Plaintiffs contended the developer did not give the required notice […]
You Spot Zone It, You Buy It.
City imposed an RVL, (residential, very low land restriction), on undeveloped property, which limited parcels to one dwelling per 20 acres. At trial, the court determined city engaged in spot zoning and issued a writ of mandate, giving the City the choice of either complying with the writ or paying damages for the value of […]
Grandfather Disqualified From Representing His Son In Custody Dispute.
In an appeal in which the mother of the infant did not even file a respondent’s brief, the Court of Appeal affirmed the disqualification of the paternal grandfather’s legal representation of his son, the infant’s father. The court expressed concern about the potential for misuse of confidential information. Kennedy v. Eldridge (Cal. App. Third Dist.; […]
No Duty Owed For Death Resulting From Placement Of Gas Meter.
Parents sued Southern California Gas Company for wrongful death when their daughter died after driving her car off a street, over a curb and striking an SCG gas meter located 11 feet, 4 inches beyond the curb. The Court of Appeal reversed judgment for plaintiffs, concluding it was not reasonably foreseeable that SGC’s installation of […]
Motion To Set Aside Judgment Extends Time To Appeal, But Only If The Motion Is Timely Filed.
If a party files a motion to vacate the judgment within the normal time to appeal from the judgment, the time to appeal from the judgment is extended under Calif. Rules of Court Rule 8.108(c). Here, defendants did not file their motion to vacate until the time to appeal the judgment had expired. Starpoint Properties, […]
Times Have Changed, But Not Completely.
Plaintiff, a preschool teacher at a Bible-based Evangelical Lutheran Church school, was fired because she was living with her boyfriend and raising their child together. She admitted she knew she was supposed to serve as a Christian role model. The court found the church did not qualify as an employer under the California Fair Employment […]
$10,000 Sanction In Obtaining Extension Of Time To File Response To Appeal.
Respondent’s counsel asked for an extension of time to file a response. Under penalty of perjury, he said he needed more time due to the many “complex issues raised.” When the brief was filed, it contained “identical–and we mean word-for-word identical” assertions contained in another brief filed by the same counsel in 2009. The appellate […]
What Happens In Zimbabwe, Stays In Zimbabwe.
A lawyer provided an affidavit to support his client’s application for relief in a Zimbabwe court. The result in the foreign court could have influenced an action in a California court. The client’s application in Zimbabwe was denied and the lawyer was sued in California for malicious prosecution. The appellate court found the lawyer’s affidavit […]
Discovery Games In Child Abuse Suit.
An employer was sued for negligence in hiring, training, controlling and supervising a swim coach who “had a long history of molesting underage female swimmers placed under his control” and was convicted and sentenced to 40 years in state prison for molesting a 15-year-old swimmer. Defendant asked for a protective order excluding documents pertaining to […]
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