An employee was seriously injured in a car accident involving a drunk driver. Her past and future medical expenses, wages and pain and suffering totaled $1,757,943.08. She recovered $376,906.84 from the tortfeasor. The employer’s benefit plan gave the employer a right to full reimbursement for medical expenses paid by a third party tortfeasor, regardless of […]
Counsel’s Online Filing Satisfied FEHA’s Jurisdictional Requirement.
Plaintiff sued his employer for violating the Fair Employment and Housing Act [FEHA, Gov. Code §12900 et seq.]. The trial court grant the employer’s summary judgment motion on the sole ground the employee did not file a verified complaint with the department. The Court of Appeal reversed, concluding the employee’s counsel’s complaint filed through the […]
How Can I Protect Against Foreclosure?
When foreclosure threatens, what are your options for keeping your home? Loan Modification is the most well known way to stay in and keep your home if you get behind on payments. There are a number of programs depending on your lender and servicer that you may qualify for and also if Freddie Mac or […]
Real Estate Broker Not Liable To Third Parties Under B&P Statute.
Business and Professions Code §10159.2 makes a licensed individual real estate broker who is the designated officer of a corporate broker “responsible for the supervision and control” of the corporate broker’s employees. Lender alleged misrepresentations by a real estate salesman. The trial court sustained defendant’s demurrer, and the Court of Appeal affirmed, stating: “The designated […]
Right To Arbitrate Deemed Waived For Nonpayment Of Fees.
Plaintiff brought suit for securities fraud. One of the defendants moved to compel arbitration pursuant to a term in the private placement memorandum. The court granted the petition, but only two of the six defendants paid the arbitrators’ fees. The panel of arbitrators from the American Arbitration Association terminated the matter for nonpayment of fees. […]
No 17200 Claim Against Homeowners Association.
Plaintiff homeowner sued his homeowner’s association under Business and Professions Code §17200, the Unfair Competition Law. Both the trial court and the appellate court found the homeowner’s association was not a business under this statute. That v. Alders Maintenance Assoc. (Cal. App. Fourth Dist., Div. 3; June 15, 2012) 206 Cal.App.4th 1419.
Jury Verdict After Good Faith Settlement Reduced To Zero.
Prior to trial, plaintiff settled her case involving the loss of anticipated survivorship interests with some of the defendants, and the court found the settlement was made in good faith pursuant to Civil Code §877. A jury awarded her $200,000 against the remaining defendants who are lawyers. The court granted an offset as to the […]
Foreclosure or Short Sale: Loss Mitigation Strategies for Homeowners, Realtors, and Attorneys Video Release
Tonight I am at Double Mountain Studios editing our “Foreclosure or Short Sale: Loss Mitigation Strategies for Homeowners, Realtors, and Attorneys” video. About to launch to the public! Stay Tuned for our release announcements coming soon . . .
Appeal From Order Of Good Faith Settlement Dismissed.
The trial court approved a condominium developer defendant’s motion for a determination of a good faith settlement, and another defendant filed an appeal from the trial court’s order. The Court of Appeal dismissed, holding the appeal was from a non-appealable interlocutory order. The court noted Civil Code §877.6 permits review by writ of mandate within […]
Petition To Compel Arbitration Denied.
Sales agent for an insurance company, who was part of a collective bargaining agreement which required arbitration, sued the company to receive minimum wage, reimbursement for work-related expenses and prompt payment of earned wages due upon termination, all claims based on various Labor Code statutes. The underlying issue was whether the agent was an employee […]
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