The Attorney General brought an action seeking injunctive relief and restitution under California’s consumer protection statutes. The defendants operated a scheme by which they promised customers they would obtain loan modifications from lenders and prevent foreclosure of the customers’ homes. Although they represented to customers they never had a case in which a loan modification […]
Design Professionals’ Duty Of Care Extends To Future Residential Purchasers.
A homeowners association brought an action for construction defects which made the homes unsafe and uninhabitable. Two of the defendants are architectural firms which allegedly designed the homes in a negligent manner but did not make the final decisions regarding how the homes would be built. When the case reached the California Supreme Court on […]
Continued Confusion Over Government Claims.
These are the allegations: A man was released from a state mental hospital but was not provided his psychotropic medication or any guidance on how to obtain it. Twelve days later, he was discovered “unconscious, lying on his blood-soaked bed in a pool of his own blood,” after cutting off his own genitals with a […]
U.S. Supreme Court Held Prayer Permitted At Town Hall Meetings.
Following roll call and the Pledge of Allegiance, a small town in New York has a local clergyman deliver an invocation at its Town Board meetings. A typical prayer is: “Lord we ask you to send your spirit of servanthood upon all of us gathered here this evening to do your work for the benefit […]
Expert Witness In Federal Court Improperly Excluded.
In a case involving excessive chemical levels in a city’s water system, the city’s expert witness used a four-step methodology, which methodology was published in a manual commissioned by the Environmental Security Technology Certification Program of the U.S. Department of Defense. Based on his methodology, the expert gave his opinion of the dominant source of […]
Defendants Held Liable For Aiding And Abetting Breach Of Fiduciary Duty To Plaintiff, Despite Not Owing Plaintiff A Fiduciary Duty.
The jury found defendants liable for aiding and abetting breach of fiduciary duty and awarded restitution in the amount of approximately $5.8 million. A main issue in the appellate court was whether there can be liability for aiding and abetting a breach of fiduciary duty against someone who does not owe a fiduciary duty. The […]
Who Pays The Costs When Both Sides Prevail And The Judge Has Discretion?
The trial court awarded $12,731.92 to the defendant for costs after the parties placed the following settlement on the record just before a jury panel was called: “[I]n consideration for dismissal with prejudice of the two claims of breach of contract and breach of covenant, Defendant will pay Plaintiff within 10 days $23,500.” Defense counsel […]
Attorney Fees Sought By Person Denied Social Services Who Prevails On A Writ.
If a person receives an unfavorable administrative decision when seeking social services, the exclusive remedy is a petition in the superior court. (Welfare and Institutions Code section 10962.) That statute also provides: “The applicant or recipient shall be entitled to reasonable attorney’s fees and costs, if he obtains a decision in his favor.” In this […]
Consumer Protection Statutes May Not Be Used To Fight Tax Overcharges By Retailers.
In a four to three decision, the California Supreme Court held that California’s consumer protection statutes may not be utilized when a retailer charges tax on take-out coffee, which is contrary to law. The majority opinion states: “We conclude that the tax code provides the exclusive means by which plaintiffs’ dispute over the taxability of […]
A Case Where A Contractor’s License Was Not Required.
The project is the ICE [U.S. Immigration and Customs Enforcement] perimeter fence in El Centro. The prime government contractor brought in a subcontractor, and the subcontractor brought in a sub-subcontractor. The sub-subcontractor received only partial payment and the subcontractor was fired. The sub-subcontractor filed a complaint invoking its rights under 40 U.S.C. § 3131-3134 [Miller […]
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