Since 2006, the statute governing statutory offers to compromise (Code of Civil Procedure section 998) has provided that the offers include “a provision that allows the accepting party to indicate acceptance of the offer by signing a statement that the offer is accepted.” The language of the statute is mandatory and Puerta v. Torres (Cal. App. […]
Attorney Fees Are Included In “Costs” In Section 998 Settlement Offer.
After accepting a settlement offer under California Code of Civil Procedure section 998, in a specified amount and providing “that each side bear their own costs,” plaintiff moved for statutory attorney fees. Defendant opposed contending that the term “costs” included statutory attorney fees. The trial court agreed with defendant and denied the motion. The Court of Appeal affirmed. Under […]
Complying With Grand Jury Subpoenas Stored Communications Act Protects Companies.
Yahoo! Inc., a digital media company, was served with a grand jury subpoena from a Georgia district attorney requiring the disclosure of any and all records regarding the identification of one of its users. Yahoo! complied, and the user brought a putative class action against Yahoo! claiming various statutory provisions, and because the information was produced […]
Allegations In Complaint Do Not Amount To Judicial Admissions.
A law firm allegedly represented both buyer and seller in the sale of commercial property. The buyer borrowed more than half the purchase price and relied on rental income to make loan payments. After several months, the tenant stopped paying, and in the absence of rental income, the purchaser was unable to make loan payments. The […]
Jurors Were Not Asked “Is This Your Verdict?”
In a criminal case, the jury advised the bailiff a verdict had been reached. Once all were assembled in the courtroom, the court asked: “And ladies and gentlemen, I understand you’ve reached a verdict. Who is the foreperson?” A juror responded: “Yes sir.” The court asked the juror to hand the verdict forms to the deputy, […]
If At First You Don’t Succeed With A Motion For Mandatory Relief, 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 because […]
An Appellate Court Has The Inherent Power Under The “ Disentitlement Doctrine ” To Dismiss An Appeal By A Party Who Refuses To Comply With A Lower Court Order.
Defendants, an individual and a corporation located in New York, appealed from a California judgment in favor of plaintiffs, but did not post a bond to stay enforcement of the judgment. Plaintiffs registered the judgment in New York and proceeded with execution. Defendants did not comply with a New York subpoena or with a New York […]
Law Firm’s Arbitration Petition Denied In Employment Case.
In an employment discrimination action, defendant law firm petitioned to compel arbitration of the claims based on a letter agreement: “You and the Firm agree that any legal disputes which may occur between you and the Firm and which arise out of, or are related in any way to your employment with the Firm or its […]
“Me-Too” Evidence Properly Excluded In Employment Discrimination Case.
Plaintiff alleged he was discriminated against by his employer because of his Japanese ancestry and Asian race. A jury found in favor of the employer and found no employment discrimination. Plaintiff brought an unsuccessful motion for new trial, arguing the trial court erred in excluding evidence that a supervisor “openly favored employees of Arab ancestry.” The […]
Teacher Accused Of Molestation To Keep His Job.
Two different mothers of third graders complained a male teacher inappropriately touched their daughters. After three criminal trials on molestation charges, he was sentenced to seven concurrent 15-year-to-life prison terms. His convictions were reversed, and the prosecutor declined to retry him. The school district notified him he was terminated due to engaging in lewd and lascivious […]
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