Former students of a culinary school allege they were defrauded into enrolling by means of misrepresentations about graduation rates, employment prospects and anticipated income levels. Plaintiffs’ first attempt at obtaining information about school documents for 800 plaintiffs was pursuant to a business records subpoena. Under Evidence Code section 1563, defendants offered to comply if plaintiffs […]
Attorney Fees Incurred By Law Firm, Redux.
Lawyers sued client for fees. Client cross-complained. Lawyers brought anti-SLAPP motion to strike cross-complaint. (Code of Civil Procedure section 425.16.) The trial court granted the motion to strike and awarded attorney fees to the lawyers. The appellate court, relying on case law holding attorneys may not recover fees for self-representation, reversed the award of fees […]
Statute Of Limitations In Medical Setting.
Plaintiff alleged a doctor committed battery and inflicted IIED. The trial court dismissed plaintiff’s action, after concluding the CCP § 340’s one-year statute of limitations, and not the general personal injury two-year limitations period, applies. In affirming, the appellate court explained: “We must look past the labels [plaintiff] uses and examine the specific conduct [plaintiff] […]
Insurance Commissioner Alleged To Be Asleep At The Switch.
A woman claims she should have been, but was not, provided with disability benefits under a group disability policy issued to her employer, a County. The insurer based its denial on language in the policy, which language the woman contends makes it “substantially easier than is permissible under settled California law for the insurer to […]
“Don’t Worry, You Don’t Have To Pay My Attorney Fees Unless We Win.” Expected Response? …Thank You; …That’s A Relief; …That’s Kind Of You. Yeah Right.
In a FEHA [Government Code section 12900, et seq.; Fair Employment and Housing Act] employment discrimination action, a law firm advanced all costs and agreed to charge no attorney fees unless the outcome was successful. A jury awarded her $266,347 in damages, and the trial court awarded $623,908.12 in attorney fees and $26,932.84 for costs. […]
Lender’s Lien Has Priority Over Mechanic’s Lien.
A construction project fell through when the developer ran out of money. The construction company filed a mechanic’s lien on the development. In connection with the construction loan agreement, the lender required the developer to assign its rights and remedies under the construction contract, but not its obligations, to the lender, and the construction company […]
Final Award Does Not Mean Revised Final Award.
In an underlying arbitration proceeding, the arbitrator initially issued a “Final Award” denying a request for an award of attorney fees by one of the parties. The arbitrator later modified the Final Award to include a fee award, and issued a “Revised Final Award.” The trial court confirmed the Revised Final Award. In reversing, the […]
Doesn’t Matter If Litigant Has The Money To Pay. If Someone Is On Public Assistance, Courts Must Give Them A Free Ride And Waive Court Fees.
A woman’s fee waivers were denied by the trial court, after the court concluded that, even though she received public assistance, she had other sources of money. In reversing, the appellate court stated: “There is nothing in the court’s orders or findings to suggest the court did not believe appellant was receiving public benefits. The […]
Statute Of Limitations For In Utero Exposure To Toxics.
Plaintiff was born with a birth defect affecting the structure of her brain. She alleges in her action against her mother’s former employer that her injuries were caused by her mother’s exposure and her in utero exposure to hazardous and toxic chemicals at her mother’s workplace more than 20 years earlier. The suit was filed […]
Anti-Slapp Motion Should Have Been Granted.
This action is for malicious prosecution. The plaintiff, a City Council member, was criminally prosecuted and acquitted in federal court. In this action, he sues the owner of a strip club who he alleges falsely testified he bribed plaintiff. At the heart of the matter is a city ordinance, referred to as the “no touch” […]
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