One defendant filed a peremptory challenge but was dismissed from the action before the trial judge reviewed and accepted it. Another party to the case argued “the peremptory challenge became immutable and irrevocable at the moment it was made, instantly requiring the removal of the assigned judge.” The Court of Appeal found the trial judge […]
Forum Selection Clauses Not Always Enforced.
After more than 19 months of litigation in California, the defendant/lender moved to dismiss or stay the lawsuit based on a forum selection clause that required the plaintiff/borrower to sue in Illinois. The Court of Appeal found that Civ.Proc. §410.30 does not permit a motion to be made at any time, and that such clauses […]
Service Of Process Quashed.
Plaintiff/tenant sued defendant/owner for constructive eviction and fraud. Plaintiff’s process server purportedly served defendant by substituted service by serving defendant’s mother at the California address provided by defendant for plaintiff to remit her monthly rental payments, and checking “home” on the proof of service. The trial court granted defendant’s motion to quash service. The appellate […]
Collection Assignment Valid.
A creditor and a creditor assignee reached an agreement whereby the assignee agreed to collect a debt and pay the creditor $5,000, $100 per month until the $5,000 was satisfied and 50 percent of the recovery. The trial court found the agreement to be void against public policy because it did not constitute a valid […]
What Happens In A Divorce Proceeding Stays In The Divorce Proceeding.
During a divorce, one spouse allegedly made false statements about the other resulting in a libel action. The appellate court held the statements, whether true or false, whether made with or without malice, fall squarely within the litigation privilege [Civil Code §47]. Holland v. Jones (Cal. App. Second Dist., Div. 1; October 23, 2012) 210 […]
Dismissal For Failing To Date Governmental Claim Reversed.
Plaintiff was injured while exiting a bus. In her complaint, she alleged: “On January 15, 2010, Plaintiff filed a timely claim complying with the required claims statute. On or about January 19, 2010, a [Transit District] representative called Plaintiff’s representatives stating there was no date on the claim and requested that date of the incident […]
There’s A Difference Between A Waiver Of The Statute Of Limitations And A Tolling Agreement.
A producer of a television series entered into a contract for the services of an actor. On May 16, 2002, the lawyer for the actor sent a letter to the lawyer for the production company: “This letter will confirm our conversation on Wednesday, May 15th in which you courteously agreed that Don Johnson’s time in […]
No Separate Statement Results In Summary Judgment Granted.
In a wrongful termination case, the employer brought a motion for summary judgment containing evidence it had a legitimate business reason for terminating plaintiff’s employment. The evidence was that the employer discovered plaintiff, whose job “involved responding promptly to union members and diligently representing them,” had resigned from the state bar with charges pending after […]
No Interlocutory Review Of Anti-Slapp Motion In Limited Civil Cases.
The appellate division of the superior court does not have jurisdiction to review an order denying a prejudgment anti-SLAPP motion in a limited civil case. The legislative vehicle for appeals to the appellate division, CCP § 904.2, does not specify that such orders are reviewable on direct appeal. Citibank, N.A. v. Tabalon (App. Div. Sup. […]
Change In Law Permitted Court To Revisit Order Denying Arbitration.
In a class action alleging misrepresentation of cellular phone rates, the trial court denied defendants’ motion to compel arbitration in 2006, prior to the United States Supreme Court’s decision in AT&T Mobility LLC v. Conception (2011) 131 S.Ct. 1740, [179 L.Ed.2d 742]. Defendants renewed their motion to compel arbitration and the trial court granted it […]
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