A judgment creditor of a $47 million judgment, as part of its efforts to enforce the judgment, propounded requests for production of documents pursuant to Code of Civil Procedure section 708.030 and later brought a motion to compel. The trial court granted the motion to compel and the judgment debtor appealed. After deciding it is […]
Strict Time Limits For Court To Rule On Motion To Vacate Judgment.
Plaintiff obtained a default judgment in January 2013. In July 2013, the trial court entered a revised judgment after defendant moved to vacate the judgment.
Attorney Fees Award Reversed And Remanded For Trial Court To Provide A Specific Explanation For The Award.
A man was falsely accused of sexual activity and held to answer after a preliminary hearing during which a fabricated lab report was used as evidence. After the charges were dismissed, the man sued a City and a police officer for violation of his civil rights under 42 U.S.C. § 1983. Immediately prior to trial, the parties settled the dispute and the man sought attorney fees in the amount of $1,448,397 based on 2,249.9 hours of compensable attorney hours and costs of $72,255. The trial court awarded $436,807.50 for fees and $23,935.07 for costs.
Mental Examination Of Child Plaintiff Does Not Include Interview Of Parents.
The parents of a kindergartener filed a complaint, with the mother as guardian ad litem for the child, alleging the child was sexually molested by another kindergartener at school. The school district sought an order compelling the plaintiff kindergartener to submit to a mental examination, which would include personal interviews of the child and his parents by a psychiatrist.
Summary Judgment Reversed In Wrongful Termination Action.
More than a year after plaintiff’s employment was terminated, he brought an action against his employer for common law wrongful termination against public policy, contending he was treated unfairly and discriminated against because he suffered a work-related injury and was disabled. Defendant employer brought a motion for summary judgment, arguing plaintiff’s action is barred by the exclusivity doctrine under Workers’ Compensation statutes and the one-year statute of limitations under the Fair Employment and Housing Act
No Motion To Quash Permitted By Tenant Served With A Three Day Notice To Quit.
The issue is whether the tenant in an unlawful detainer action may bring a motion to quash service of the summons on the ground that the landlord did not properly serve the three-day notice to pay rent or quit required under the Unlawful Detainer Act. [Civ.Proc. §§ 1159-1179a.]
“Governments Have Monopolies On Certain Things, Like Eminent Domain And Deadly Force,” P.J. O’Rourke.
A public school sits next to a large piece of private property in a downtown area. The school district requested the trial court to grant it a right to enter the private property to conduct certain investigations and environmental testing under Eminent Domain law, [Code of Civil Procedure section 1245.010, et seq.], with an eye toward potentially expanding the existing school and constructing other school facilities.
Informed Exercise Of Discretion In Request To Renew Restraining Order.
Out of the blue, a woman started receiving letters saying strange and scary things, from a man she knew in high school decades earlier. She requested a restraining order under Code of Civil Procedure section 527.6, and the court issued the order. At a 2014 hearing wherein the woman requested the court to renew the order,
Default Judgment Void & Statement Of Damages Rejected In Non-P.I. Default.
After a business relationship went south, plaintiff filed a complaint for damages in 2004. The prayer was for general and special damages according to proof. Default was entered in 2005. A statement of damages alleging damages for over $2 million was filed and served, and at the prove-up hearing, the trial court awarded almost that much.
Previously We Reported: Legal Malpractice Statute Of Limitations.
Plaintiff hired a lawyer to represent her in litigation. After settlement, plaintiff sought a refund of unearned attorney fees she had advanced as the lawyer had written her a letter stating she had a credit balance of $46,321.85 and the invoice so reflected. When the refund was not forthcoming, she hired another lawyer to try […]