The first paragraph of the opinion says it all: “In this marital dissolution action, the trial court orders husband to pay wife’s attorney fees and costs pursuant to Family Code section 2030. Husband appeals and contends the evidence of his financial circumstances is insufficient. Perhaps. But here sufficiency of the evidence is beside the point. […]
Trial Court Must Hold Hearing On Whether Parties Agreed To Class Arbitration.
The trial court granted defendant’s motion to compel arbitration, but rejected its request that the court order individual arbitration. The appellate court granted defendant’s petition for extraordinary relief and ordered the trial court to vacate its order denying individual arbitration and provide the parties with an opportunity to submit evidence and argument on the issue […]
California Rule Of Court 3.769 Didn’t Cut It.
Students brought action against the Los Angeles School District and others on the theory they were denied their constitutional right to equal educational opportunities after a reduction in the teacher force. A settlement was negotiated and judgment was entered. The United Teachers Los Angeles [UTLA] union appealed, arguing the consent decree potentially abrogates the seniority […]
Question Of Fact Regarding Slip & Fall On Spill In Store.
Plaintiff slipped and fell on jewelry cleaning solution in a jewelry store. The Trial court granted summary judgment because the store did not have actual or constructive notice of the spill. Appellate court reversed, noting “the reasonable inference to be drawn . . . is that one of defendant’s employees caused the cleaning fluid to […]
Non-Traditional Jew Entitled To Kosher Meals In Prison.
A Messianic Jew incarcerated in state prison was denied kosher meals. Prison officials did not dispute the sincerity of the prisoner’s beliefs, but said the prisoner was not eligible to partake in an existing kosher meal program because he was not a traditional Jew and his needs could be satisfied with a vegetarian diet. In […]
Real Estate Department Must Pay For Broker’s Fraud.
Plaintiffs obtained a judgment for $280,000 against their broker after four fraudulent real estate transactions. Plaintiffs applied with the Department of Real Estate Recovery Account to pay what they could not collect from their broker. The Department paid $50,000 and denied the Remainder, Finding Some Of The Transactions Were Based On The Broker’s Breach Of […]
Class Action And Damages Allegations Out; Equitable Allegations In.
Plaintiffs claimed wireless telephone companies made material misrepresentations regarding the number of usable minutes in subscriber plans. The trial court sustained defendants’ demurrer to the class action allegations, but overruled it with regard to the causes of action seeking injunctive relief under the UCL [Business and Professions Code §17200 et seq.]. The court stated: “Regardless […]
Statute Of Limitations Bars Suit Against Accounting Firm.
The president of a company forced to cease operation due to its liability for unpaid payroll taxes sued its accounting firm for professional negligence. The accounting firm asserted the action was barred by the two-year statute of limitations in Code of Civil Procedure §339, and the trial court sustained its demurrer without leave to amend. […]
Court Dismisses Appeal When Corporate Party Filed A Certificate Of Dissolution Of Corporation.
One week after being served with appellant’s opening brief, a corporation filed a certificate of dissolution with the California Secretary of State, indicating the corporation “has been completely wound up.” The appellate court noted a dissolved corporation continues to exist for the purpose of winding up its affairs, but that “the continued pursuit of this […]
Dismissal Of Appeal Rejected & Jury Award Upheld After Work Comp Benefits Deducted.
Response by the Court of Appeal when the parties notified the court the matter had been settled: “The parties stipulated to a dismissal of the appeal on the day before the matter was initially set for oral argument based on a proposed settlement. We rejected the stipulation and re-calendared oral argument because we determined that […]