Corporations Code section 1312 generally governs the rights of minority shareholders who dissent from mergers and buyouts. The court was faced with how section 1312(b), which involves buyouts when parties to a merger are under common control, interacts with section 1312(a) in light of the California Supreme Court’s holding [Steinberg v. Amplica, Inc. (1986) 42 Cal.3d 1198, […]
Length Of Deposition.
Code of Civil Procedure section 2025.290, subdivision (a), limits the deposition of a witness to “seven hours of total testimony,” but the first sentence of that subdivision says: “The court shall allow additional time, beyond any limits imposed by this section, if needed to fairly examine the deponent or if the deponent, another person, or any other […]
Homeowner’s Association (HOA) Has Standing To Sue Developers.
The developers of an upscale condominium project entered into a parking license agreement, licensing the use of parking spaces appurtenant to the property “for the benefit of the residential homeowners association,” [HOA] but before the homeowners association actually existed. According to the agreement, the license is “perpetual,” “shall be at no cost,” is “irrevocable” and “the […]
Subpoenas Just What The Doctor Ordered.
A physician with board certification in addiction medicine reviewed prescriptions issued by a California doctor. As a result of that review, the medical board issued subpoenas to a doctor for medical records of ten patients. The doctor refused to comply, so the medical board petitioned the superior court to compel the doctor to comply. The superior […]
Will You Pick Up My Prescription For Me?
A jury convicted a criminal defendant of possession and transportation of morphine and other drugs. Defendant was arrested on the campus of U.C. Davis after he was stopped for a traffic violation and was unable to provide identification. In his pocket was a prescription bottle containing 208 pills. Another man, who has prostate cancer and other […]
Is A Notice Of Sale Valid If Over A Year Old?
If the Notice of Trustee’s Sale is more than 365 days old, it is probably invalid. California Civil Code section 2924g, subdivision (c)(1) provides: ” (c) (1) There may be a postponement or postponements of the sale proceedings, including a postponement upon instruction by the beneficiary to the trustee that the sale proceedings be postponed, at any time prior to […]
First Case Of The Year Grants Admission Of Undocumented Immigrant To The State Bar.
An undocumented immigrant’s [the California Supreme Court said its use of this term refers to a person who is not a U.S. citizen and who is in the U.S. but who lacks the immigration status required by federal law to be lawfully present in this country] name was submitted for admission to the California State Bar […]
No Shortcut Around Collective Bargaining Agreement.
An arbitrator ruled that a school district exceeded his powers when he ruled the district violated a public employee collective bargaining agreement by reducing the work year of certain classified employees without the consent of the union and the employees. The superior court confirmed the arbitration award, and the school district appealed. The appellate court found […]
Constructive Discharge In Violation Of Public Policy Claim To Go Forward.
Plaintiff brought an action against his employer for constructive discharge in violation of public policy and intentional infliction of emotional distress [IIED], after his employer, who allegedly required extensive use of plaintiff’s vehicle, refused to reimburse him for mileage. On appeal, plaintiff contended the trial court abused its discretion in sustaining defendant’s demurrer without leave to […]
Individuals Added As Judgment Debtors For Debt Of A Partnership.
Plaintiff obtained a money judgment against a limited partnership. Unable to collect, plaintiff moved to add two natural persons as judgment debtors. The court found the natural persons were the alter egos of defendant. The trial court, however, denied the motion to add the natural persons as judgment debtors. In reversing, the appellate court noted that […]
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