In action in which a homeowner sued a lender, a loan servicer and others to set aside a trustee’s sale claiming predatory lending, the trial court granted summary judgment. The appellate court noted the refinance was for $1.5 million with a monthly payment of $12,381.36 and the homeowner had a monthly income of $3,333. The […]
Evidentiary Hearing Required Before Entering Default Judgment In Quiet Title Action.
CCP §764.010 provides that in actions to quiet title, the court shall not enter judgment by default but shall in all cases require evidence of plaintiff’s title and hear such evidence as may be offered respecting the claims of any of the defendants. The appellate court found this obligated the trial court to hold an […]
Undertaking Not Required When Injunction Granted.
CCP §529(a) requires the court to order an undertaking when it grants a preliminary injunction to protect a defendant against losses that may be incurred if the defendant prevails on the merits. But when the court granted the injunction here, it also ruled on the merits of the underlying claim, and, thus, could not order […]
Sometimes Lawyer’s Signature Sufficient Under CCP § 664.6 Settlement.
A stipulation for settlement was reached during a mediation. Defendant’s lawyer, representing the defendant on the cross-complaint, signed the stipulation for the client, and plaintiff asserted the stipulation was not binding because it was not signed by the client. The appellate court found the lawyer signed the stipulation as the designated employee, and that just […]
Clerk Cannot Refuse To File Motion.
“It is difficult enough to practice law without having the clerk’s office as an adversary” an appellate court wrote. It added that whether the moving party’s motion “has legal merit is a determination to be made by a judge, not by the clerk’s office.” Noting that actions by the clerk’s office were “quite troubling,” the […]
Chinese Emperor Shennong discovered it in 5000 years ago when
judges have had issues with peel police before cheap yeti tumbler Pineapple’s perfect any time of year, but it’s particularly fabulous during hot summer months. For starters it just tastes like the tropics! It’s sweet and juicy, with a refreshing crunch that gets your mouth watering immediately. It’s full of goodness, vitamin C and, at […]
Must Follow Contractual Alternative To Right To Repair Act In Construction Defect Matters.
Plaintiffs, owners of 32 homes built by developer, brought a construction defect action. Civil Code sections 895 through 945.5, the Right to Repair Act, prescribe non-adversarial pre-litigation procedures a homeowner must initiate prior to bringing a civil action against a builder for alleged construction deficiencies. Plaintiffs contended the developer did not give the required notice […]
You Spot Zone It, You Buy It.
City imposed an RVL, (residential, very low land restriction), on undeveloped property, which limited parcels to one dwelling per 20 acres. At trial, the court determined city engaged in spot zoning and issued a writ of mandate, giving the City the choice of either complying with the writ or paying damages for the value of […]
Grandfather Disqualified From Representing His Son In Custody Dispute.
In an appeal in which the mother of the infant did not even file a respondent’s brief, the Court of Appeal affirmed the disqualification of the paternal grandfather’s legal representation of his son, the infant’s father. The court expressed concern about the potential for misuse of confidential information. Kennedy v. Eldridge (Cal. App. Third Dist.; […]
No Duty Owed For Death Resulting From Placement Of Gas Meter.
Parents sued Southern California Gas Company for wrongful death when their daughter died after driving her car off a street, over a curb and striking an SCG gas meter located 11 feet, 4 inches beyond the curb. The Court of Appeal reversed judgment for plaintiffs, concluding it was not reasonably foreseeable that SGC’s installation of […]
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