Client hired lawyer to represent him in a probate matter but disputed the fees charged by his lawyer, and demanded a mandatory fee arbitration. So the lawyer hired his own lawyer to represent him in the fee arbitration. The arbitrator found in favor of the lawyer and ordered the client to pay $33,000 in unpaid […]
Can Post-Petition Homeowner’s Association (HOA) Fees Be Discharged In A Bankruptcy?
A. Fact Pattern: If an individual owns a condominium and surrenders it to the secured creditor in a bankruptcy can homeowner’s association fees and assessments continue to accrue post-petition? 11 U.S.C. § 523(a)(16) 11 U.S.C. § 523(a)(16) does not discharge an individual debtor from any debt for a fee or assessment that becomes due and […]
Replacement Cost Is Measure Of Damages For Crime Victims.
The victim of vehicle vandalism paid $950 for a pickup truck. After it was vandalized, a body shop estimated the cost of repair at $2,812.94. The criminal defendant entered a no contest plea to a charge of felony vandalism, and the criminal trial court ordered restitution in the amount of the cost of repair. On […]
Jury May Decide What Was Excessive Force.
Plaintiff sued city and two police officers for using excessive force when they arrested him. The trial court granted a nonsuit, finding he could not prevail without expert testimony regarding “what force a reasonable law enforcement officer would have used under the same or similar circumstances.” The Court of Appeal reversed, stating “there is nothing […]
Expert Testimony Usurped Jury’s Role.
Over objection, a retired police officer gave expert testimony that a defendant’s conduct in shooting an intruder was unreasonable. Plaintiffs dismissed their battery claims before the case went to the jury, and defendant asked the court to instruct the jury to disregard the expert’s testimony. The court refused. The jury awarded over a million dollars […]
As The Pizza Turns. . .
Sixteen-year-old employee of a Domino’s pizza franchise filed a FEHA [Fair Employment and Housing Act, Gov. Code §12940] alleging she was sexually harassed at her job by her manager. The franchise filed for bankruptcy relief and Domino’s Pizza, Inc. filed a motion for summary judgment with evidence that “Domino’s was not [the alleged harasser’s] employer […]
California Supreme Court Explains Protections For Attorneys’ Work Product.
Two items were claimed to be work product: recordings of witness interviews conducted by investigators employed by counsel and information concerning the identity of witnesses from whom counsel obtained statements. Regarding the recorded statements, the Supreme Court stated: “we hold that witness statements procured by an attorney are not automatically entitled as a matter of […]
No Dangerous Condition; No Duty To Provide More Lighting; Severe Injuries.
Father and his three children were walking across the street in the evening in a marked crosswalk that had no signal lights and no overhead lighting. A car stopped and they entered the crosswalk in front of the stopped car. A pickup truck coming from the opposite direction hit one of the children who was […]
National Bank Act Preempts Civil Code § 1748.9.
Civil Code §1748.9 requires certain disclosures on preprinted convenience checks issued by banks to credit card users. The National Bank Act of 1864 [13 Stat. 99] (“NBA”) contains no such requirement. The California Supreme Court concluded “the NBA preempts Civil Code section 1748.9 because the state law stands as an obstacle to the broad grant […]
Equitable Relief Permitted Under ERISA.
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 […]
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