More than a dozen Halloween partygoers were swept up and detained by a Sheriff’s SWAT team for up to 14 hours. The party, an annual event with hundreds of costumed attendees, had drawn neighbor complaints over the years. Based on a flyer that advertised a “Casino Room,” at the party, the Sheriff’s department obtained a […]
Evidentiary Errors And Attorney Misconduct During Trial Result In Reversal Of $1.2 Million Verdict.
During a test drive of a brand new BMW, the prospective purchaser, the defendant here, crashed and totaled the car and injured the salesman, the plaintiff. A jury awarded plaintiff $1.2 million. Citing evidentiary errors and attorney misconduct, the defendant appealed. The appellate court reversed. One of the evidentiary errors found was that the trial […]
Recognition Of A Foreign Judgment.
A trial court may recognize a foreign judgment under the Uniform Foreign-Country Money Judgments Recognition Act [CCP § 1713-1724]. But, despite the legality of 20 percent interest in the foreign jurisdiction, California may not enter a California judgment imposing postjudgment interest at a rate greater than ten percent. (Hyundai Securities Co., Ltd. v. Lee (Cal. […]
“No Good Deed Goes Unpunished:” Clare Boothe Luce.
A civil engineer, the cross-defendant herein, was hired to prepare plans to build a pier. His plans called for a very particular kind of concrete mixture, which concrete was supplied by defendant/cross-complainant. After defendant/cross-complainant prepared the concrete, cross-defendant gratuitously reviewed the recipe used and approved the prepared concrete. On the day of the concrete pour, […]
The Law Changed After The Demurrer Was Sustained But Before The Appeal Was Heard.
The director of a clinical laboratory informed executive staff and owners of the lab that there were numerous violations of state and federal laws in the lab’s operations. The director was terminated, and thereafter, filed suit alleging violation of Labor Code section 1102.5. The trial court sustained defendants’ demurrer because the plaintiff did not exhaust […]
No Showing Electronic Signature Was That Of Plaintiff, So Motion To Compel Arbitration Denied.
In a class action wage and hour action, the trial court denied defendant’s petition to compel arbitration, implicitly finding defendant did not present evidence to support its claim there was an arbitration agreement. At the hearing, defendant asserted plaintiff electronically signed a 2011 arbitration agreement, but did not explain how it verified there was such […]
Dismissal Of Action Ordered Vacated So Defendant May Seek Attorney Fees.
A plaintiff may dismiss an action without prejudice prior to trial and there is no prevailing party for purposes of awarding attorney fees under Civil Code section 1717. But in the present case, while there was indeed a contract which provided for an award of attorney fees to the prevailing party, the complaint also alleged […]
Suspended Corporation Could Not Have Its Cake And Eat It Too.
After a man left his employment at a retirement home, he filed a claim with the Labor Commissioner, who awarded him $131,096.77 for unpaid wages. The retirement home appealed the Labor Commissioner’s order to the Superior Court, posting an undertaking. The man moved to dismiss the appeal, arguing the retirement home lacked the capacity to […]
Trial Court Erred When It Did Not Order All Claims, Even Those For Injunctive Relief, Into Arbitration.
Credit card holder sued Citibank under Business and Professions Code section 17200 for unfair competition and false advertising over an insurance plan she purchased to protect her Citibank credit card account. The trial court granted Citibank’s petition to compel arbitration on the claims for money damages and restitution, but denied the petition on the injunctive […]
You Call It Human Rights Abuses; I Call It A Political Question. Let’s Call The Whole Thing Off.
An internal struggle in Colombia has been ongoing since the 1960s involving guerrilla forces trying to overpower the Colombian government. In 1986, oil extraction of one of the largest oil fields in the country began, and the first 110 miles of pipeline ran through especially volatile guerrilla territory. In 2002, because of Colombia’s inability to […]
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