A landlord converted a rent-controlled apartment building to condominiums, obtained a new certificate of occupancy in 2009 based on the change in use, and raised the rent. When a tenant objected, the landlord sought a declaration from the court that the unit was exempt from local rent control ordinances under the Costa-Hawkins Rental Housing Act […]
Statement Of Damages Served After BK Stay Lifted.
Instead of answering a medical malpractice complaint, a plastic surgeon filed bankruptcy. The plaintiff was granted relief by the bankruptcy court to proceed against the debtor “so long as recovery against debtor is limited to available insurance proceeds.” Plaintiff then served defendant’s insurer with a notice of default hearing, accompanied by a statement of damages […]
Trial Court Properly Denied Anti-SLAPP Motion Of Lawyers.
Two lawyers represented a man injured in a vehicular collision in the underlying action. The defendant in that action was in the course and scope of his business and was insured. The plaintiff and defendant in the underlying action agreed to settle their dispute for policy limits of $100,000. The plaintiff in the current action […]
Hits On Google.
In this matter seeking extraordinary relief, a plaintiff corporation made efforts to obtain copies of email messages stored by Google, Inc. on behalf of a defendant. Defendant moved to quash the request and the trial court ordered Google to produce the emails, based on its conclusion the defendant had deemed to have given his consent. […]
Two Judges Hearing Case In Appellate Division Of Superior Court Were Not Enough.
A man convicted of a misdemeanor appealed to the appellate division of the superior court, which affirmed his conviction. When the appellate division heard his appeal, however, there were only two judges. When the man complained, the appellate division held that two judges are sufficient. The man petitioned the Court of Appeal for extraordinary relief. […]
Demurrer Granted In Legal Malpractice Action Reversed On Appeal.
This action involves a man who hired a law firm to represent him in connection with a petition to have him appointed as conservator of his mother’s person and estate. The woman’s son was appointed conservator and informed the court all of his mother’s assets were in trust, and, therefore, no bond was required. The […]
Use Of Handcuffs On 6th Grader With ADHD Violates Fourth Amendment.
An 11-year-old child with attention-deficit and hyperactivity disorder [ADHD] was sitting in a school playground being nonresponsive to teachers. The boy forgot to take his medications that morning and was right next to a busy thoroughfare. Police were called. The dispatcher broadcast the school had “an out of control juvenile.” School authorities told police the […]
Homeowners’ Association Must Accept Partial Payment.
The question in this case is whether a homeowners association is required by the Davis-Stirling Common Interest Development Act (Civ.Code, § 4000 et seq.) (the Davis-Stirling Act) to accept partial payments from an owner of a separate interest, who is delinquent in paying his or her assessments, after a lien has been recorded against the […]
Another Creative Declaratory Relief Action…This One Concerning Who Makes A Decision, The Court Or The Arbitrator.
An employee filed a wage and hour claim. His employer filed a declaratory relief action alleging its arbitration with the employee required the employee’s wage and hour claims to be arbitrated on an individual basis rather than classwide. The employee petitioned the trial court to order the employer to submit its declaratory relief claims to […]
Buyer Of Real Property May Not Rely On Appraisal Ordered By Lender.
Plaintiff entered into a written contract to buy vacant land. His lender hired a real estate appraiser to perform an appraisal of the property. Upon determining the property he purchased was unsuitable for his purposes, plaintiff brought an action against the appraiser for negligent misrepresentation, alleging the property value in the appraisal was in excess […]
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