A homeowner’s association’s original complaint against a builder alleged various building violations. Government Code section 901 provides: “The date upon which a cause of action for equitable indemnity or partial equitable indemnity accrues shall be the date upon which a defendant is served with the complaint giving rise to the defendant’s claim for equitable indemnity or […]
First Amendment Retaliation After Police Officers’ Union Activities.
A police officer led a no-confidence vote of the police officers’ union against the police chief. Afterward, when the police officer was due a five percent salary increase, the police chief delayed signing the certification for his increase. The officer brought an action under 42 U.S.C. § 1983 against both the police chief and the city, alleging […]
Dismissal Of Wrongful Foreclosure Action Reversed.
The appellate court reversed the sustaining of a demurrer to plaintiff’s complaint for wrongful foreclosure. In support of the demurrer, defendants sought judicial notice, which was granted, of the notice of default, including the attached declaration of someone named Samantha Jones, which stated the bank “tried with due diligence to contact [plaintiff] in accordance with California […]
Joint Offer Pursuant To Section 998 Offer To Compromise Not Invalid.
The trial court awarded expert witness fees under Code of Civil Procedure section 998, Offer To Compromise, to the prevailing defendant in a wrongful death lawsuit. The plaintiffs argued on appeal the offer was invalid because it was a single offer made to two plaintiffs. The appellate court affirmed the award of costs, stating: “In a wrongful death action, […]
Substantive Grounds For Motions For JNOV, Nonsuit, And Directed Verdict May Be The Same, But Their Procedural Requirements Are Not.
In an action involving strict liability and negligence, a jury found in favor of the plaintiffs on their failure to warn and negligence claims. After the jury was discharged, but before judgment was entered, the trial court granted defendant’s pending pre-verdict motions for nonsuit and directed verdict, deeming those motions to be a motion for judgment […]
No Life Preserver To Save Non-Appealable Order.
Plaintiff’s case was dismissed as a terminating sanction following discovery abuse. Plaintiff appealed and defendant argued the appeal was from a non-appealable order. In his appellate brief, plaintiff told the appeals court his appeal “was timely filed following Entry of Judgment in this matter.” Even though appellate courts often permit a premature appeal and treat it […]
Injunction Issued Against Greenpeace.
A federal district court granted Shell Offshore, Inc. a preliminary injunction against Greenpeace, Inc., a California corporation, showing there is a likelihood of success on the merits of its claim that Greenpeace USA would commit tortious or illegal acts against Shell’s Artic drilling operation in the absence of an injunction and that the resulting harm would […]
When 170.6 Challenge To Judge Assigned To Trial Presented, Independent Calendar Court Did Not Function As A Master Calendar Court.
A corporate dissolution action was assigned to one judge for all purposes. That judge advised counsel he would not be available on the trial date and “would tell them at trial call on November 9 which trial judge would be assigned the case” for trial. On November 9, the court informed counsel the name of the […]
In Quiet Title Default Prove-Ups, Another Appellate Court Agrees Evidentiary Hearing Required.
I previously reported on the split decision of Harbour Vista, LLC v. HSBC Mortgage Services, Inc. (2011) 201 Cal.App.4th 1496, [134 Cal.Rptr.3d 424], which noted that Code of Civil Procedure section 764.010, provides that in actions to quiet title, the court shall not enter judgment by default but shall in all cases require evidence of plaintiff’s title […]
Judicial Error Harmless.
Shortly after a hearing, an administrative law judge [ALJ] was contacted by an FBI agent who said the claimant was faking his physical injuries. The ALJ disclosed the ex-parte contact to claimant’s lawyer, who objected to any weight being given to the information unless there was a supplementary hearing wherein the FBI agent could be cross-examined. […]
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