After the sheriff levied on funds in its bank account, pursuant to a writ of execution, a judgment debtor filed a notice of appeal and a sufficient appeal bond. The debtor gave notice of these documents to the sheriff in order to prevent the sheriff from disbursing the levied funds to the judgment creditor. Nonetheless, the […]
Broad Language In Contractual Attorney Fee Provision.
Plaintiff prevailed under her negligence cause of action, but did not recover under her cause of action for breach of contract containing an attorney fee provision. That provision states: “All parties to this agreement agree to mediate, in good faith, any dispute prior to initiating arbitration or litigation. The prevailing party in the event of arbitration […]
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No. The Jonas Brothers don’t count. They may have been raised here, but they represent New Jersey as much as Fred Phelps represents San Fransisco. Nor are these conditions, presided over by Democratic Governor Corzine, unique to the state of New Jersey. The current prison population in the US is over 2.3 million and continues […]
Dismissal Of Predatory Lending Action Reversed.
Plaintiffs initiated an action against a loan broker and various financial institutions, claiming “pursuant to a scheme of predatory lending, [they] made material misrepresentations and fraudulent concealments of circumstances in the appraisal of the residence and in the terms of the loan in order to maximize their profit.” They alleged they applied for a residential home […]
On Forum Non Conveniens Basis NFL Declaratory Relief Action Properly Stayed.
The National Football League and its intellectual property marketing arm have been sued in multiple states by dozens of former players alleging lifelong brain damage from on-field injuries dating back to the 1950’s. In this case the plaintiffs, National Football League and NFL Properties LLC, seek a Los Angeles Superior Court declaratory relief judgment regarding the […]
Elder Abuse Actions Not Limited To Custodial Care.
Plaintiffs’ 83-year-old mother was not referred to a vascular surgeon over a two-year period during which her diminishing vascular flow worsened without treatment. She developed gangrene and her leg was amputated. Seven months later, she died. Defendants contend they cannot be liable for elder abuse because they treated decedent as an outpatient, and liability for elder […]
When There Is A Fee Waiver, Superior Court Cannot Require Posting Of Jury Fees.
In an unlawful detainer action, the trial court found that defendant had waived a jury trial because no jury fees had been posted, despite the fact the superior court had previously granted a fee waiver. A court trial was held, and judgment was entered for the plaintiff. On appeal to the appellate division of the superior […]
Use Of Declaration In Limited Jurisdiction Court Abuse Of Discretion.
The only evidence admitted by plaintiff bank in a limited jurisdiction action for breach of contract and common counts was a declaration admitted pursuant to Code of Civil Procedure section 98. Judgment of $7,788.30 was entered for plaintiff. The declaration included a statement that the declarant was available for 20 days prior to trial for service […]
Award For Overtime Pay Upheld At Safeway Supermarkets.
After plaintiff was terminated by a grocery chain store, she brought an action to recover unpaid overtime pay because she regularly spent more than 50 percent of her work hours doing nonexempt tasks. The trial court entered judgment awarding her $26,184.60 plus interest for overtime pay. The supermarket appealed, contending the trial court failed to account […]
Entity Acting On Behalf Of Defunct Company May Enforce Arbitration Agreement.
A financial services company, sued for allegedly providing bad investment advice, was denied its petition to compel arbitration because the original entity, another financial services company, which entered into the arbitration agreement, was a defunct company. The appellate court reversed, holding the financial services company, as an agent of the defunct company and a third party […]
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