Plaintiff filed a complaint on November 13, 2006. During the following years, there were various events. At one point, the trial court stayed the action while the parties engaged in mediation. One of the plaintiffs passed away. One of the defendants was in bankruptcy for many months. The complaint was amended five times. In May 2012, […]
For Bringing Cases To Trial Partial Stay Does Not Toll Five-Year Statute.
Code of Civil Procedure section 583.310, requires that an action be dismissed unless it is brought to trial within five years from being filed. The statute exempts periods during which the action is stayed from the five year period. But the California Supreme Court held in Bruns v. E-Commerce Exchange, Inc. (Cal.Supr.Ct.; February 28, 2011) 51 Cal.4th […]
Request To Enter Default Judgment Must Include Attorney Fees; They May Not Be Awarded On Motion Following Entry Of Judgment.
When seeking a default judgment, plaintiff indicated in his form declaration he was seeking damages and costs. After the court entered the default judgment, plaintiff filed a noticed motion seeking an award of attorney fees as authorized under the applicable statute. The trial court denied the motion and the Court of Appeal affirmed. A default judgment […]
Arbitration Is ” Trial On The Merits. ”
After plaintiffs lost their contract claim in judicial arbitration, and the arbitrator awarded attorney fees to defendants, plaintiffs, after first filing a demand for trial de novo, filed a voluntary dismissal of their action. Defendants moved for judgment on the attorney fee award and the trial court granted the motion. Plaintiffs appealed, contending that, before judgment […]
Cost Of Subpoenaed Peace Officer — Attorney May Be Liable For Reimbursing Public Agency.
Government Code section 68097.2 provides that when a peace officer is subpoenaed, “the party at whose request the subpoena is issued” must reimburse the public entity. In Maddox v. City of Costa Mesa (Cal. App. Fourth Dist., Div. 3; March 24, 2011) 193 Cal.App.4th 1098, [122 Cal.Rptr.3d 629], the attorney signed the subpoena. When presented with a […]
Notice And Hearing Required Before Court May Order Sanctions.
In Marriage of Duris (Cal. App. Second Dist., Div. 6; March 14, 2011) 193 Cal.App.4th 510, [123 Cal.Rptr.3d 150], the court conducted a hearing on a motion to modify child support. At the conclusion of the hearing, the court ordered the moving party to pay $10,000 in sanctions because of “unnecessary legal activity.” The Court of Appeal reversed. […]
Statute of limitations for wrongful termination starts on date right-to-sue notice is issued.
The statute of limitations for an action for wrongful termination starts when the Department of Fair Employment and Housing issues its right-to-sue letter, not on the date the notice is received by the plaintiff. Hall v. Goodwill Industries of Southern California (Cal. App. Second Dist., Div. 8; March 16, 2011) 193 Cal.App.4th 718, [123 Cal.Rptr.3d 274].
Workers’ Compensation Proceedings: There’s More Than One Way To . . .
Labor Code section 4605 gives employees the right to retain consulting or attending physicians at their own expense for workers’ compensation proceedings. Labor Code section 4616.3 requires the employer to notify the injured employee of the existence of medical provider networks [MPNs], as well as the employee’s right to change treating physicians within the network after the […]
Anti-SLAPP Comments On Newspaper’s Website.
A newspaper has a User Agreement which provides: “The bulletin boards, chat rooms, community calendars, and other interactive areas of the Service are provided to users as interesting and stimulating forums to express their opinions and share ideas and information. We expect people to differ—judgment and opinion are subjective—and encourage free speech and the exchange of […]
Due Process Lacking In Gang Injunctions.
Since 1987, California prosecutors have brought public nuisance actions to curtail the activities of street gangs. Typically the injunctions enjoin gang members from engaging in a broad swath of activities, both legal and illegal, individually and with others, in certain areas. The district court decided that due process requires that the individuals be afforded an adequate […]
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