On appeal, the Court of Appeal remanded the case to reduce damages and awarded appellant costs on appeal, including attorney fees. Appellant filed a cost bill in the trial court and the trial court only partially granted a motion to tax cost. That motion was immediately appealable as a post-judgment order and time to appeal did […]
Reviewing Opponent’s Privileged Documents May Lead To Attorney Disqualification.
Where law firm obtained opponents’ privileged documents which were protected by the attorney-client privilege and used these documents, the trial court properly disqualified the law firm. Where lawyers receive documents that are obviously privileged, they can only examine them to the extent necessary to determine the privileged character of the documents and immediately notify the sender that […]
Settlement Offers To Compromise Under Code of Civil Procedure Section 998, Must Conform To Statute.
Since 2006, the statute governing statutory offers to compromise (Code of Civil Procedure section 998) has provided that the offers include “a provision that allows the accepting party to indicate acceptance of the offer by signing a statement that the offer is accepted.” The language of the statute is mandatory and Puerta v. Torres (Cal. App. […]
With Class Action Waiver Under Federal Arbitration Act State May Not Refuse To Enforce Arbitration Contract.
The U.S. Supreme Court held that, where a contract is subject to the Federal Arbitration Act, a court may not refuse to enforce an arbitration clause with a class action waiver on grounds that such a clause is unconscionable. AT&T Mobility LLC v. Concepcion (U.S.Supr.Ct.; April 27, 2011) 131 S.Ct. 1740, [179 L.Ed.2d 742, 79 U.S.L.W. […]
Attorney Fees Are Included In “Costs” In Section 998 Settlement Offer.
After accepting a settlement offer under California Code of Civil Procedure section 998, in a specified amount and providing “that each side bear their own costs,” plaintiff moved for statutory attorney fees. Defendant opposed contending that the term “costs” included statutory attorney fees. The trial court agreed with defendant and denied the motion. The Court of Appeal affirmed. Under […]
Flyers Unrelated To Labor Dispute Distributed During Strike May Survive Anti-SLAPP Motion.
Road Machinery’s union went on strike. Jim Price, a vice president of the company did not have any role in the negotiations with the union. Yet, the union placed flyers on his neighbors’ doors, reading things like “Neighbors, beware of this man, Jim Price.” He sued the union for defamation. The Court of Appeal affirmed the […]
More than 100,000 people are expected to attend the three day
The same issue of Cancer Cell includes a study about a newly identified enzyme that plays a role in breast cancer metastases. The enzyme “works by sending out signals to prepare a new area of the body for the cancer to set up a camp,” according to the lead researcher, Dr. Janine Erler of The […]
Supreme Court Expands Attorney Duties To Previously Represented Client.
In an earlier case, Oasis West Realty LLC v. Goldman, the court of appeal held that a lawyer who had previously represented the plaintiff in a real estate permit application was not precluded from later engaging in political activity opposing the permit. The California Supreme Court reversed in Oasis West Realty LLC v. Goldman (Cal.Supr.Ct.; May 16, 2011) […]
Attorneys May Not Prohibit Client From Settling Without Their Consent.
A client has the right to abandon a suit without the lawyer’s consent. Therefore public policy voids a provision in a contingency fee contract that prohibits the client from settling the case without the consent of the lawyer. In Lemmer v. Charney (Cal. App. Second Dist., Div. 8; May 5, 2011) 195 Cal.App.4th 99, [125 Cal.Rptr.3d […]
Disabled Placard, Or License Plate? Try To Figure This One Out!
Vehicle Code section 22511.5, permits unrestricted parking for vehicles with a disabled placard, or license plate, even when there are signs limiting parking time. So far, so good. But what if there are no signs but only a municipal ordinance limiting parking time? This was the issue in Spicer v. City of Camarillo (Cal. App. Second Dist., […]
- « Previous Page
- 1
- …
- 121
- 122
- 123
- 124
- 125
- …
- 183
- Next Page »