Under Code Civ. Proc. Section 473, subdivision (b), setting aside a default or dismissal if a timely motion is filed supported by an attorney’s “declaration of fault.” But, according to Cowan v. Krayzman (Cal. App. Second Dist., Div. 8; June 20, 2011) 196 Cal.App.4th 907, [126 Cal.Rptr.3d 793, 2011 DJDAR 9043], the court does not have to take […]
Sale Of Orange County Fairgrounds Set Aside.
As part of Governor Schwarzenegger’s plan to raise funds by selling state owned real property, the California Department of General Services sold the Orange County fairgrounds. A number of parties, including one of the unsuccessful bidders, sued to void the sale. The Court of Appeal agreed with plaintiffs. The Department failed to comply with the statutory […]
Court Cannot Affect Rights Of Non-Party Trust Deed Holder.
In an action for fraudulent transfer the court granted summary judgment in favor of the trust deed holder. Later, another judge tried the fraudulent transfer case against the previous and subsequent owner of the property and held that their rights prevailed over the trust deed holder. The Court of Appeal reversed. The trust deed holder was […]
Acts Prepatory To Official Proceedings Covered By Anti-SLAPP Statute.
Plaintiff is the father of a five-year-old daughter and is going through a divorce. He brought a federal civil rights action under 42 USC §1983 against a licensed family and marriage therapist claiming the therapist conspired with his former mother-in-law and others to falsely accuse him of sexually abusing his child. He alleges the therapist coached […]
No Injunction To Forestall Employer From Providing Obamacare Preventive Services To Women.
An arts and craft Christian retail chainstore with 13,000 employees in 500 stores nationwide petitioned for an injunction, against the implementation of Obamacare, pending appellate review of its claim under the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act of 1993 [42 U.S.C. § 2000bb]. The employees receive health insurance […]
Second Judge’s Order Dismissing Action On Ground Of Forum Non Conveniens Affirmed After First Judge Denied Same Motion.
Just prior to retiring, the first judge denied a motion to stay or dismiss an action on the ground of forum non conveniens in a product liability case. A second judge granted the same motion when it was renewed. Plaintiffs appealed, contending the second judge erred by reconsidering without finding the earlier order was erroneous and […]
Seven Percent (7%) Interest On Execution Of Judgment Which Was Later Overturned On Appeal Is Affirmed.
A party collected money by executing on a judgment that was later overturned on a and the other party sought restitution under Code of Civil Procedure section 908. The party who collected the money did not contest the trial court’s order that it pay the money back after the case was overturned, but did contest the […]
Whistle Blower Statute Applying To Violations Of State Laws Does Not Apply To Violations Of Charter City’s “Municipal” Laws.
Plaintiff brought an action against a city for wrongful termination in retaliation for her refusal to violate the City’s charter, municipal code and its civil service rules and regulations. The trial court dismissed the whistle blower action under Labor Code section 1102.5 (c). The appellate court affirmed, stating: “The primary question presented by this appeal […]
Ninth Circuit Relaxes Standard For Personal Jurisdiction Based On Internet Postings.
The Ninth Circuit, in opinions written by Judge William Fletcher, made it easier to subject defendants to local jurisdiction based on activities on the internet. In CollegeSource, Inc. v. AcademyOne, Inc. (Ninth Cir.; August 8, 2011) 653 F.3d 1066, [2011 DJDAR 11896], defendant, a Pennsylvania corporation posted material collected by plaintiff on its website. Defendant […]
Unauthorized Use Of Another’s Password Constitutes Identity Theft.
After minor received another person’s password and account information, he used it to gain access to her Facebook and posted obscene messages on two pages and altered her profile. Even though defendant did not obtain the password and account information “willfully,” because he had not solicited it, his use of the information was unlawful and […]
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