Civil Code §2932.5 states: “Where a power to sell real property is given to a mortgagee . . .[t]he power of sale may be exercised by the assignee if the assignment is duly acknowledged and recorded.” Here a deed of trust was assigned but not recorded, and the homeowner lost in the trial court. Despite […]
Joint Offer Under Cal. Civ. Proc. §998 To Spouses Okay.
Plaintiffs contended a Civ.Proc. §998 offer made jointly to a husband and wife is void. The trial court rejected the argument and the Court of Appeal affirmed, stating: “A section 998 offer may be made jointly to spouses because, under the California’s community property law, a cause of action for personal injury damages is community […]
Serves ’em Right! Lawyers To Pay Sanctions For Frivolous Appeal.
Plaintiff provided court reporting services to clients of defendants in prior lawsuits. Defendants claimed the charges were too high. When the court reporting service sued the lawyers for breach of contract, the lawyers brought a special motion to strike under the anti-SLAPP statute [Civ.Proc. §425.16], which the trial court denied. The appellate court was not […]
Prejudgment Interest Between Time Court Vacated Arbitration Award And Reinstatement After Appeal.
The Court of Appeal concluded prejudgment interest accrued during pendency of an appeal and that the trial court erred in suspending the accrual of interest during the appeal. Tenzera, Inc. v. Osterman (Cal. App. Second Dist., Div. 3; April 19, 2012) 205 Cal.App.4th 16.
Punitive Damages Award Upheld.
A jury calculated economic damages at $1.47 million which included medical expenses, lost earnings, lost retirement benefits and the value of household services, and noneconomic damages for pain, suffering, emotional distress and loss of a spouse’s consortium at $2.5 million. By the time of the separate trial for punitive damages, all but one defendant had […]
Video: What is the Difference Between Chapter 7 & Chapter 13 Bankruptcy?
If you’re asking “Do I qualify for a Chapter 7 or Chapter 13 bankruptcy?” then watch this video from Attorney Mark Mellor. Contact our bankruptcy attorneys in Palm Desert and throughout Southern California for more information on how to file for bankruptcy.
New Bills Give Renters 90 Days to Stay in Foreclosed Home Before Eviction
The California Legislature approved two bills that would help tenants who are on the verge of having their home foreclosed upon remain in their property for a longer period of time. Assembly Bill 2610, sponsored by Nancy Skinner (D-Berkeley), and Senate Bill 1473, sponsored by Loni Hancock (D-Berkeley), will require purchasers of foreclosed homes to […]
California Supreme Court Grants Review in Construction Law Case Berkeley Hillside Preservation v. City of Berkeley
Earlier this year, the Court of Appeal overturned the City of Berkeley’s approval of a 6,478-square-foot single-family home with a 3,394 square-foot garage pursuant to a categorical exemption under the California Environment Quality Act (CEQA). On May 23, 2012, the California Supreme Court unanimously granted review of the First Appellate District’s decision in Berkeley Hillside […]
Only Natural Persons Subject To Suit.
The family of the deceased brought suit against The Palestinian Liberation Organization and The Palestinian Authority under the Torture Victim Protection Act of 1991 which authorizes a cause of action against an individual for acts of torture and extrajudicial killing committed under authority of color of law of any foreign nation. In this case, Palestinian […]
Summary Judgment Reversed By Ninth Circuit In Intellectual Property Case.
Plaintiff designed and registered with the Copyright Office a floral print fabric and sold 50,000 yards of it between 2002 and 2006. In 2008, plaintiff discovered shirts bearing a very similar design “printed using cruder, lower-quality techniques and machinery.” Plaintiff sued the seller of the design it discovered. The trial court granted summary judgment for […]