After his home was placed in foreclosure in 2011, plaintiff brought an action to try to halt foreclosure proceedings. In it, he contended defendant made fraudulent misrepresentations or omissions by stating the appraised fair market value of the home in 2004 was increasing and that the appraisal was outrageously speculative. The trial court sustained defendant’s […]
Investment Rating Service’s Anti-SLAPP Motion Denied.
An investment rating service brought an anti-SLAPP motion [Code of Civil Procedure section 425.16] in an action filed by the California Public Employees Retirement System [CalPERS] for its ratings of three structured investment vehicles [SIVs] which later collapsed and caused billions in losses. The trial court denied the motion. The appellate court affirmed, noting that the […]
Negligent Per Se: New Trial Granted In Auto v. Truck Action.
Plaintiffs brought an action against a truck driver and trucking company following injuries sustained in a traffic accident. There was evidence the truck was in both lanes as it maneuvered a turn, and there was also evidence the 18-year-old plaintiff and his friend were looking at a laptop when the plaintiff collided with the truck. […]
Borrower Lacks Standing To Enforce Agreement Relating To Sale Of Promissory Note On Her Home.
After defendant financial institution sold plaintiff’s promissory note, plaintiff brought an action to quiet title of her residence in herself. Defendant demurred because plaintiff failed to allege tender to cure her default on the promissory note. The trial court sustained the demurrer without leave to amend. On appeal, the appellate court considered whether plaintiff should […]
Wealth-Based Classification Contention To Bring Action Against City & County Unsuccessful.
Plaintiff brought an action against a city and county with respect to the impoundment of vehicles. Her complaint alleged she was a taxpayer under Code of Civil Procedure section 526a and had standing to sue because she had paid sales tax, gasoline tax, and water and sewage fees, but she admitted she had not paid […]
Fair Market Value Of Ritz Carlton Inflated By Tax Man.
The Ritz Carlton Half Moon Bay contends the county tax assessor inflated the value of the hotel by including $16,850,000 in nontaxable intangible assets when assessing its fair market value. The appellate court agreed with the hotel, concluding “the income method at issue here violated [Revenue & Taxation Code] section 110, subdivision (d), by failing […]
Health Care Provider Not Liable For Release Of Non-Medical Information.
A computer was stolen from a medical center in 2011, containing an index dating back to the 1980s of over 500,000 persons’ names, medical record numbers, ages, dates of birth, and the last four digits of their Social Security numbers. The medical center informed those individuals of the theft. A few of the persons named […]
Game Playing In Expert Exchange Results In Preclusion Of Use Of Experts At Trial.
Neither plaintiff nor defendant timely disclosed experts pursuant to Code of Civil Procedure section 2034.260 in a medical malpractice case. Plaintiff instead filed a motion to disqualify defense counsel. Defendants offered to delay the expert exchange until after the court ruled on the disqualification motion. The trial court denied the motion and defendant made another demand […]
Something More Than Negligence Required For Elder Abuse.
Plaintiff contended a transitional medical care unit was understaffed and the staff was undertrained and the trial court sustained a demurrer of a hospital and health care system to the elder abuse cause of action. After being released from a hospital following surgery for a broken hip, a woman was sent to a transitional care […]
Government Claim Required.
Plaintiffs brought an action against a city for alleged tortuous conduct by a former member of the City Council. While a real estate project was making its way through the City’s approval process, the City’s mayor allegedly “extracted” $38,000 from plaintiff in loans and refused to repay her and then prevented approval of plaintiff’s project […]
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