When a parent seeks to move away from the area where the other parent, with joint custody, resides, the court should not determine whether that custodial parent is permitted to move. Rather the inquiry should assume the custodial parent will move and determine, using the child’s best interest as a guide, whether the move should require […]
Attorneys Cannot Recover Fees Representing Themselves In Breach Of Contract Action.
When their insurer initially refused to defend an action, the insureds, who are attorneys, defended the action in pro per. They subsequently sued the insurer for the value of the attorney services they provided. The trial court granted summary judgment to the insurer. The Court of Appeal affirmed. The insureds did not sustain damages because […]
Rent Control In Mobilehome Park Not A Taking.
A city enacted a mobilehome rent stabilization ordinance which imposed rent control tied to the consumer price index. Years later, the city amended the ordinance to add “vacancy control,” which gave any new resident taking over a mobilehome pad lease the right to rent the pad at the same rate as the previous tenant. The park […]
Evidence Of Title Insurance Should Have Been Admitted.
The signatures on loan documents were forged. Interest-only payments were made. A larger replacement loan was made, again based upon forged documents. When the property owners realized what had happened, they brought an action for fraud against various persons. Everything settled, except a cross-complaint of one lender against another lender. At trial, a jury decided a […]
Law Firm Sanctioned For Frivolous Appeal.
The appellate court stated: “Attorney Defendants have misrepresented the record and ignored established case law without explanation or justification.” In its disposition, the appellate court further stated: “As sanctions for a frivolous appeal, Attorney Defendants shall pay Kendall the amount of $52,727.56. Attorney Defendants also are assessed $8,500 sanctions for bringing this frivolous appeal, payable to […]
Employment Arbitration Provision Not Unconscionable.
Plaintiff brought an action against her employer under the Fair Employment and Housing Act [FEHA; Government Code section 12940] and the Family Rights Act [Government Code section 12945.2] and for wrongful termination in violation of public policy. The arbitration agreement plaintiff signed provided, “I understand and agree that if my employment is terminated or my employment […]
Disabled As A Matter Of Law.
Minutes before a scheduled surgery to repair an umbilical hernia, plaintiff’s operation was abruptly canceled by the anesthesiologist because she was HIV-positive, and the doctor was concerned for his own safety as well as the safety of the operating room staff. When her primary care physician scheduled the surgery, he had informed the surgeon that the […]
A Merger Of Title Does Not Always Result With The Union Of A Greater And Lesser Estate.
Seller of commercial property’ consisting of several buildings and covering an entire city block’ sold a portion of the property to buyer, which sale presented a predicament. Some of the buildings on the property straddled lot lines, and the sale did not effectuate a legal lot split to effectuate the parties’ intent to completely own certain […]
Common-Fund Doctrine Applies To ERISA Health Plans.
Plaintiff, an employee of an airline, brought an action against a third party for injuries and his lawyers secured $110,000 for him. After deducting 40 % for the contingency fees, plaintiff received $66,000. The airline has a health benefits plan which entitles the airline to reimbursement if an employee recovers money from a third party. The […]
Civil Action For False Arrest, False Imprisonment And Malicious Prosecution Against Detectives And City To Go Forward.
A suspect was arrested for the attempted murder of a victim who was shot in the leg. At the preliminary hearing, the lead detective testified he and his partner interviewed the victim shortly after that shooting, that he showed the victim a photographic lineup which included the suspect, and that the victim circled the suspect’s photo […]
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