Plaintiff filed a class action pursuant to the Rees-Levering Motor Vehicle Sales and Finance Act [Civil Code section 2981] on behalf of those who had their vehicles repossessed by or voluntarily surrendered to a car dealership. Plaintiff had missed several car payments and voluntarily surrendered her car, whereupon she was sent a Notice of Intention to […]
But you know what? I OK with that
Metabolism: Cardiac muscle can achieve the highest sustained metabolic rate of all the tissues in the human body. Up to 40% of the cell volume may be occupied by mitochondria, and most of the remainder is taken up by contractile fibrils. Adult cardiomyocytes are incapable of cell division and are totally specialised for energy production […]
Approval Of Class Action Settlement Reversed.
A class action against credit agencies, which issued negative credit reports after debts were discharged, settled, and the district court approved the class action settlement. The Ninth Circuit reversed, explaining: “The settlement agreement, like others we have approved in the past, granted incentive awards to the class representatives for their service to the class. But unlike the […]
Lawyer’s Letter Viewed As A Threat.
Plaintiff brought an action against defendant, a lawyer, after defendant sent him a letter: “As you are aware, I have been retained to represent Media Print & Copy . We are in the process of uncovering the substantial fraud, conversion and breaches of contract that your client has committed on my client. . . . To […]
No Need To Exhaust Administrative Review Where Administrative Body Lacks Jurisdiction.
In City of Fillmore v. State Board of Equalization (Cal. App. Second Dist., Div. 3; April 20, 2011) 194 Cal.App.4th 716, [125 Cal.Rptr.3d 186, 2011 DJDAR 5641], the State Board of Equalization issued a decision in favor of plaintiffs (cities). After the time to appeal had passed, the City of Fillmore sought to appeal the decision and the […]
Attorney Disqualification May Be Impliedly Waived By Delay.
Where a party delays seeking to disqualify a lawyer representing an opposing party, they should act without unreasonable delay. Where the delay in bringing the Attorney Disqualification motion is extreme or unreasonable and the opposing party can show extreme prejudice, the court may deny the motion. Liberty National Enterprises LP v. Chicago Title Insurance Co. (Cal. App. […]
Rape Victim May Use Fictitious Name In Signing Verifications.
A Rape victim sued her perpetrator and his mother under a fictitious name alleging fraudulent transfers after she obtained a civil judgment. She verified discovery responses using the fictitious name and the trial court granted motions ordering further discovery responses, using her true name. The Court of Appeal reversed. Code Civ. Proc. §2015.5 requires that declarations […]
Arbitration Agreement May Not Delegate Issue Of Arbitrability To The Arbitrator.
In Chin v. Advance Fresh Concepts Franchise Corp. (Cal. App. Second Dist., Div. 4; April 20, 2011) 194 Cal.App.4th 704, [123 Cal.Rptr.3d 547, 2011 DJDAR 5595], an arbitration clause provided that the arbitrator, rather than the court, was to decide issues of arbitrability (delegation clause). But, even if such a clause is unconscionable, the court should nevertheless order arbitration […]
Contract Principles Determine Whether Parties Agreed To Binding Arbitration.
The Goffs were in a fee dispute with a law firm and offered binding arbitration. The law firm declined. Subsequently, the law firm changed its position and agreed to arbitrate, whereupon the Goffs withdrew their request for binding arbitration. The matter went to arbitration and the arbitrator ruled that the parties had agreed to binding arbitration. […]
Sanctions Properly Awarded Against Attorney Who Violated Order Precluding Him From Asking Certain Questions.
The court specifically instructed attorney Daniel Callahan not to inquire into a particular area. Callahan ignored the order and the court imposed $1,500 sanctions under Code of Civil Procedure section 177.5, for knowingly violating a court order. The Court of Appeal affirmed. If Callahan had not understood the court’s order, as he claimed, he should have […]
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