Plaintiffs filed a motion pursuant of Code of Civil Procedure section 664.6, to enforce a settlement. In concluding there was a settlement, the trial court found e-mails couple with a voice mail qualified as an electronic signature under the Uniform Electronic Transactions Act [Civil Code section 1633.1, et seq.; UETA]. The Court of Appeal reversed, […]
No Showing Electronic Signature Was That Of Plaintiff, So Motion To Compel Arbitration Denied.
In a class action wage and hour action, the trial court denied defendant’s petition to compel arbitration, implicitly finding defendant did not present evidence to support its claim there was an arbitration agreement. At the hearing, defendant asserted plaintiff electronically signed a 2011 arbitration agreement, but did not explain how it verified there was such […]
Dismissal Of Action Ordered Vacated So Defendant May Seek Attorney Fees.
A plaintiff may dismiss an action without prejudice prior to trial and there is no prevailing party for purposes of awarding attorney fees under Civil Code section 1717. But in the present case, while there was indeed a contract which provided for an award of attorney fees to the prevailing party, the complaint also alleged […]
Not Everything In Mediation Is Confidential.
Husband and wife resolved their marital dissolution in mediation after exchanging financial disclosure declarations. Shortly after entry of judgment, the husband sold a company, which he listed on his financial disclosure document of having a value of $10 million, for $75 million. The wife moved to set aside the judgment on grounds of fraud and […]
Suspended Corporation Could Not Have Its Cake And Eat It Too.
After a man left his employment at a retirement home, he filed a claim with the Labor Commissioner, who awarded him $131,096.77 for unpaid wages. The retirement home appealed the Labor Commissioner’s order to the Superior Court, posting an undertaking. The man moved to dismiss the appeal, arguing the retirement home lacked the capacity to […]
Trial Court Erred When It Did Not Order All Claims, Even Those For Injunctive Relief, Into Arbitration.
Credit card holder sued Citibank under Business and Professions Code section 17200 for unfair competition and false advertising over an insurance plan she purchased to protect her Citibank credit card account. The trial court granted Citibank’s petition to compel arbitration on the claims for money damages and restitution, but denied the petition on the injunctive […]
Law Partner Added As A Judgment Debtor After Multi-Million-Dollar Verdict Against Firm.
After practicing law together for 14 years, two lawyers parted. One of the lawyers sued the other as well as their former firm. The issue, of course, was money. The trial court granted a directed verdict in favor of the individual lawyer defendant. A jury returned a multi-million-dollar verdict. Thereafter, the plaintiff filed a motion to […]
Deed Altered, Omitting Plaintiff’s Name, But She Still Loses Quiet Title Action.
In her quiet title action, plaintiff alleges she pooled her $150,000 with two entities in partnership for the purchase of a residential property at a foreclosure auction for the purchase price of $250,000. In the original version of the trustee’s deed, it stated that one of the entities had a 75 percent and the other […]
You Call It Human Rights Abuses; I Call It A Political Question. Let’s Call The Whole Thing Off.
An internal struggle in Colombia has been ongoing since the 1960s involving guerrilla forces trying to overpower the Colombian government. In 1986, oil extraction of one of the largest oil fields in the country began, and the first 110 miles of pipeline ran through especially volatile guerrilla territory. In 2002, because of Colombia’s inability to […]
Call Me This And Call Me That, But Call Yourself. . .Outside The Jurisdiction Of California.
In a Facebook spat between skin care product competitors, one sued the other for defamation. Plaintiff resides in California, but defendant does not. The appellate court held that posting defamatory statements about another person on Facebook, “while knowing that person resides in the forum state, is insufficient in itself to create the minimum contacts necessary […]
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