A complaint alleging defendant misappropriated a company’s assets was personally served on defendant at a North Carolina airport when he visited the U.S.A. while living and working in Europe. Defendant did not respond to the complaint. Plaintiff later amended the complaint, increasing the prayer for damages and reclassifying the matter from a limited to an […]
No Court Reporter Present Sometimes Has Due Process Implications.
After granting the plaintiff leave to amend a few times, the trial court finally sustained defendant’s demurrer without leave to amend. The court’s ruling was reflected in the minute order, which stated in part that the court’s decision rested on “the reasons stated in open court.” But there was no court reporter present, so there […]
Okay For Trustee To Appear In Propria Persona.
The specific facts in this case are not important but the legal holding is. Relying on precedent, the trial court ruled that an executor or personal representative may not appear in propria persona in court proceedings outside the probate context on behalf of a decedent’s estate because representing another person or entity’s interest in a […]
Vexatious Litigant Defendant Who Appeals.
In 2011, the Legislature amended Code of Civil Procedure section 391.7, to provide expressly that a presiding justice, as well as a presiding judge, is authorized to permit the filing of new litigation by a vexatious litigant subject to a prefiling order. This appellate opinion states that a vexatious litigant defendant who appeals from an […]
Federal Court’s Resolution Of Mesothelioma Case Wrong Under California Law.
Plaintiff worked for decades in Navy shipyards. He died from mesothelioma six months after he sued 17 asbestos manufacturers in a California state court. His children were substituted as plaintiffs in a survivor action. The children brought another action against six more defendants in a federal court in California. That federal action was transferred to […]
Statement Of Damages Served After BK Stay Lifted.
Instead of answering a medical malpractice complaint, a plastic surgeon filed bankruptcy. The plaintiff was granted relief by the bankruptcy court to proceed against the debtor “so long as recovery against debtor is limited to available insurance proceeds.” Plaintiff then served defendant’s insurer with a notice of default hearing, accompanied by a statement of damages […]
Hits On Google.
In this matter seeking extraordinary relief, a plaintiff corporation made efforts to obtain copies of email messages stored by Google, Inc. on behalf of a defendant. Defendant moved to quash the request and the trial court ordered Google to produce the emails, based on its conclusion the defendant had deemed to have given his consent. […]
Buyer Of Real Property May Not Rely On Appraisal Ordered By Lender.
Plaintiff entered into a written contract to buy vacant land. His lender hired a real estate appraiser to perform an appraisal of the property. Upon determining the property he purchased was unsuitable for his purposes, plaintiff brought an action against the appraiser for negligent misrepresentation, alleging the property value in the appraisal was in excess […]
Defendant Served With Notice Of Violation Of The Consumer Legal Remedies Act (CLRA) May Not Maintain A Declaratory Relief Action To Establish There Was No Violation.
A consumer served a dietary supplement manufacturer with a one page notice and demand, pursuant to Civil Code section 1782 [ Consumer Legal Remedies Act; CLRA ] via certified mail contending that its product “Amberen,” was being marketed falsely and misleadingly as a “natural remedy for Menopausal symptom relief,” in violation of the CLRA. The […]
Same Pornographic Story; Different Twist.
A man brought his computer in for servicing, and the repairman viewed what appeared to him “to be underage girls engaged in sexual activity.” He called the police. The responding officer indicated the images the repairman saw did not appear to be pornographic, but asked the repairman to search the rest of the computer. The […]
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