Code of Civil Procedure section 2025.290, subdivision (a), limits the deposition of a witness to “seven hours of total testimony,” but the first sentence of that subdivision says: “The court shall allow additional time, beyond any limits imposed by this section, if needed to fairly examine the deponent or if the deponent, another person, or any other […]
Homeowner’s Association (HOA) Has Standing To Sue Developers.
The developers of an upscale condominium project entered into a parking license agreement, licensing the use of parking spaces appurtenant to the property “for the benefit of the residential homeowners association,” [HOA] but before the homeowners association actually existed. According to the agreement, the license is “perpetual,” “shall be at no cost,” is “irrevocable” and “the […]
Twister Interferes With Clear Sailing Agreement.
The parties entered into a settlement agreement containing a “clear sailing” provision, which allowed class counsel to seek an award of attorney fees and incentive payment from the trial court with the assurance that defendant would not oppose, if the amount sought was less than or equal to an agreed amount. An additional clause required class […]
If You Shoot At The King, Best Not To Miss.
On March 18, 2013, the clerk of court notified the parties their case was assigned to a certain judge. On April 3, counsel for one of the parties faxed an affidavit of prejudice concerning that judge pursuant to Code of Civil Procedure section 170.6 to the court’s “central fax filing office.” On May 14, counsel inquired about […]
Thought And Attention Needed For Calculating Time To File An Appeal.
The court granted defendant’s motion for summary adjudication on June 27, 2012. On September 10, 2012, plaintiff filed a request for dismissal of the remaining causes of action. On April 16, 2013, a “Judgment by the Court Under Code of Civil Procedure section 437c” was filed by plaintiff. On May 6, 2013, plaintiff filed a notice […]
Conspiracy Allegations To Go Back Into Fraudulent Estate Planning Pleading.
In the same action, but in a separate appeal, the law firm convinced the trial court to strike all conspiracy allegations from the plaintiffs’ pleading because Civil Code section 1714.10 bars the action. Civil Code section 1714.10, was enacted to combat “the use of frivolous conspiracy claims that were brought as a tactical ploy against attorneys […]
Waiver: Trial Court, Not The Arbitrator, Decides Whether Party Waived Right To Arbitrate By Pursuing Litigation.
The trial court denied defendant’s petition to compel arbitration. On appeal, defendant contended that whether or not a party has waived the right to arbitrate by pursing litigation in the trial court should be decided by the arbitrator. Defendant cited language appearing in Howsam v. Dean Witter Reynolds, Inc. (2002) 537 U.S. 79, [123 S.Ct. 588; […]
No Request For Correction Means No General Or Punitive Damages Against Dr. Phil.
In a petition for writ of mandate, the real party in interest is the host of a television show. Petitioners are two men who are residents of Aruba who were questioned in connection with the 2005 disappearance of Natalee Holloway, an American teenager who disappeared while on a high school trip on Aruba. Real party’s television […]
Late Filing Of Undertaking Causes Employer’s Appeal To Be Dismissed.
A welder prevailed before the Labor Commissioner, and the employer filed a notice of appeal which is the statutory prerequisite for obtaining a trial de novo in superior court. The welder filed a motion to dismiss the employer’s appeal on the ground the employer failed to timely post an undertaking as is required by Labor Code […]
Federal Arbitration Act (FAA) Grounds To Review Arbitration Awards Are Exclusive And Non-Waivable.
In In re Wal-Mart Wage and Hour Employment Practices Litigation, (Ninth Cir.; December 17, 2013) (Case No. 11-17718) the class action plaintiffs’ attorneys quarreled over how to allocate a $28 million fee and agreed to submit the dispute to “binding, non-appealable arbitration.” After the arbitrator rendered his award, some of the attorneys remained dissatisfied and moved to […]
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