Ten days prior to trial, the trial court informed the parties “the court no longer provides a court reporter for civil trials, and the parties have to provide their own reporters for trial.”
Mixed Issues Of Equity And Law.
When a case involves mixed issues of , a trial court may not act as a factfinder on issues it specifically reserves for jury determination. In this case, in granting a JNOV, the trial court “improperly transformed its equitable finding of unenforceability as to specific performance into a finding of unenforceability as to the legal […]
Extrinsic Evidence Considered In Motion To Quash.
In an unlawful detainer action in which the defendant filed a motion to quash contending she was not properly served with the three-day notice to pay rent or quit in a manner prescribed by law. She included evidence the notice was left on the ground in an unmarked envelope on the side of her apartment […]
Probate Court May Reform A Will If There Is Clear And Convincing Evidence Establishes Mistake In Testator’s Intent.
A man prepared a holographic will providing that, upon his death, his wife would inherit his estate and that if he and his wife died at the same time, specific charities would inherit his estate. The handwritten will, however, contained no provision addressing the disposition of his estate if, as occurred here, he lived longer […]
Out-Of-State Pro Hac Vice Class Action Lawyer Denied Fees.
In a class action involving a retailer’s practice of requesting personal information from consumers during credit card transactions, the settlement agreement between the parties provided the retailer would not oppose class counsel’s application for court approval of attorney fees and costs in the amount of $210,000 and payment to plaintiff of an incentive award in […]
One Trial Judge Cannot Overrule Another Trial Judge.
In a marital dissolution action, Judge #1 ruled an agreement was not enforceable. Judge #2 reconsidered the matter over three years later, on the court’s own motion, and ruled the agreement was enforceable. On appeal, the wife asserted Judge #2 erred in granting reconsideration of Judge #1’s ruling. In reversing, the Court of Appeal found […]
Telephone Call Sufficient Contact For Jurisdiction In California.
A California lawyer made a telephone call to an Arizona lawyer to inquire about title and ownership of equipment the California lawyer’s client was contemplating buying from a Texas company. He left a voicemail message, and the Arizona lawyer returned the telephone call. The Arizona lawyer represented he was the lawyer for the Texas company, […]
Previously We Reported: If At First You Don’t Succeed, Don’t Wait Too Long To Try, Try Again.
In a dispute involving construction of a condominium project, defendants failed to file a responsive pleading after the court denied defendants’ petition to order the matter into arbitration. The trial court entered a $1.7 million default judgment. Defendants moved for mandatory relief pursuant to Code of Civil Procedure section 473(b), which the trial court denied […]
Lis Pendens Void.
An adverse possessor obtained a lis pendens but failed to mail it to the address shown in the assessor’s roll, an address known to be invalid. The Court of Appeal found the lis pendens void, stating: “[U]nder the applicable statues, the lis pendens had to be mailed to the [property owner’s] address as shown on […]
Parties Jointly And Severally Liable On An Obligation May Be Sued In Separate Actions.
The California Supreme Court clarified that California law permits separate actions against parties who are jointly and severally liable, stating: “Although long-standing case law has found separate actions permissible, the Court of Appeal here held that a second suit is barred after entry of judgment against one of the contracting parties. The Court reasoned that […]
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