During jury selection in a robbery and murder case against a black man, the prosecutor used peremptory strikes to remove the first five black women in the jury box for jury selection. Ultimately the jury included one black woman. The California Supreme Court affirmed a judgment of death. Justice Werdegar and Justice Liu dissented. Justice Liu […]
Notification Requirement In Foreclosure Sale Set Forth In Code of Civil Procedure § 729.050 Is Not Satisfied By Common Law Presumption Of Regularity.
A homeowners association notified homeowners they were delinquent in paying their monthly assessment fees. After the homeowners disputed the debt, the association conducted a nonjudicial foreclosure sale. The homeowners brought an action to set aside the foreclosure sale and the trial court granted summary judgment in favor of the association. The appellate court reversed, after rejecting […]
Think Theories Through Before Filing Complaint!
Plaintiff, an attorney, represented a client, also an attorney, in a prior civil suit against the client’s employer for discrimination, harassment, retaliation, wrongful termination, and other related claims. By motion, plaintiff withdrew from the case at the beginning of trial. The client could not find another attorney to represent her, and the trial court dismissed the […]
Attorney Disqualification Order Reversed.
In a Lemon Law case brought under the Song-Beverly Consumer Warranty Act [Civil Code section 1790], Ford Motor Company successfully moved to disqualify plaintiff’s lawyer on grounds the lawyer previously defended Ford in other Lemon Law cases. The appellate court reversed the attorney disqualification order, stating: “The trial court abused its discretion in concluding that the […]
Attorney Disqualification May Be Impliedly Waived By Delay.
Where a party delays seeking to disqualify a lawyer representing an opposing party, they should act without unreasonable delay. Where the delay in bringing the Attorney Disqualification motion is extreme or unreasonable and the opposing party can show extreme prejudice, the court may deny the motion. Liberty National Enterprises LP v. Chicago Title Insurance Co. (Cal. App. […]
Rape Victim May Use Fictitious Name In Signing Verifications.
A Rape victim sued her perpetrator and his mother under a fictitious name alleging fraudulent transfers after she obtained a civil judgment. She verified discovery responses using the fictitious name and the trial court granted motions ordering further discovery responses, using her true name. The Court of Appeal reversed. Code Civ. Proc. §2015.5 requires that declarations […]
Arbitration Agreement May Not Delegate Issue Of Arbitrability To The Arbitrator.
In Chin v. Advance Fresh Concepts Franchise Corp. (Cal. App. Second Dist., Div. 4; April 20, 2011) 194 Cal.App.4th 704, [123 Cal.Rptr.3d 547, 2011 DJDAR 5595], an arbitration clause provided that the arbitrator, rather than the court, was to decide issues of arbitrability (delegation clause). But, even if such a clause is unconscionable, the court should nevertheless order arbitration […]
Contract Principles Determine Whether Parties Agreed To Binding Arbitration.
The Goffs were in a fee dispute with a law firm and offered binding arbitration. The law firm declined. Subsequently, the law firm changed its position and agreed to arbitrate, whereupon the Goffs withdrew their request for binding arbitration. The matter went to arbitration and the arbitrator ruled that the parties had agreed to binding arbitration. […]
Sanctions Properly Awarded Against Attorney Who Violated Order Precluding Him From Asking Certain Questions.
The court specifically instructed attorney Daniel Callahan not to inquire into a particular area. Callahan ignored the order and the court imposed $1,500 sanctions under Code of Civil Procedure section 177.5, for knowingly violating a court order. The Court of Appeal affirmed. If Callahan had not understood the court’s order, as he claimed, he should have […]
Order To Tax Costs On Appeal After A Remand Is Immediately Appealable.
On appeal, the Court of Appeal remanded the case to reduce damages and awarded appellant costs on appeal, including attorney fees. Appellant filed a cost bill in the trial court and the trial court only partially granted a motion to tax cost. That motion was immediately appealable as a post-judgment order and time to appeal did […]
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