A member of the State Bar sought to vacate a stipulation she had entered with the State Bar regarding two attorney disciplinary actions against her. The State Bar filed a special motion to strike under Code of Civil Procedure section 425.16 [antiSLAPP statute], which the superior court granted, along with $2,575.04 in sanctions against the lawyer. […]
Refusing To Step Aside And Seizing A Letter Of Credit A Landlord, Whose Lease With A Bank Was Disaffirmed By FDIC In A Bank Takeover, Has To Return Asset And Is Now On Hook For Attorney Fees.
In an imminent bank takeover, the Federal Deposit Insurance Corporation [FDIC] sold the assets of a failed bank to a takeover bank. Among the assets was a $500,000 letter of credit which had been demanded by the failed bank’s landlord to cover any future rents. As part of the takeover, the FDIC disaffirmed the failed bank’s […]
Lawyers Representing Debt Collection Agencies Sued By District Attorney For Unfair Business Practices.
A district attorney filed a civil action against a debt collection company and its lawyers alleging violations of the Rosenthal Fair Debt Collection Practices Act [Civil Code section 1788] and the Federal Fair Debt Collection Practices Act [15 U.S.C. § 1692]. The People set forth one cause of action, violation of California’s Unfair Competition Law [Business […]
Blood Alcohol Result Of 0.08 Percent From Breathalyzer Test Guilty Or Not?
A woman was arrested for driving under the influence. An hour after she was pulled over, she took a breathalyzer test. The test result was 0.08 percent blood alcohol content. A few minutes later she took another test resulting in a 0.09 percent BAC. Twenty-five minutes later she took a blood test resulting in 0.095 percent […]
Post-Riverisland World: Estimates Can Support A Claim For Fraud.
After a tenant moved into a shopping center, its share of expenses for property taxes, insurance and common maintenance substantially exceeded the landlord’s pre-lease-signing estimates. The tenant sued for fraud, rescission based on mutual mistake, mistake of fact, breach of lease and breach of the implied covenant of good faith and fair dealing. The trial court […]
Prescriptive Easement Over Real Property.
In 1960, a prior owner of real property [Blackacre] poured a concrete driveway encroaching on the neighboring property [Whiteacre] approximately 8 inches by 90 feet. The present owner of Blackacre bought the home in 1994. In 2009, the trust which now owns Whiteacre constructed a metal guardrail over the prescriptive strip. An action to quiet title […]
Poof…Dream Home Gone.
A couple purchased a 1.24 lot near a state highway in 1982. Nearing retirement in 2002, they began seriously planning to build on the lot. Meanwhile, back at the Department of Transportation [DOT], an improvement project was on the drawing board. By 2004, the couple moved into their new home, and in 2005, they learned an […]
It’s Not That Easy To Avoid Rent Control.
A municipality denied application to convert a mobilehome park from rentals to ownership, and the applicant sought extraordinary relief in the superior court. The trial court ruled in favor of the applicant, finding the municipality had no power to deny the application on the grounds it was inconsistent with policies embodied in the local coastal program […]
Let’s Split This? No, You Pay For The Underinsured Motorist Who Caused The Collision.
A man was injured in an auto accident and settled with the underinsured motorist who caused the collision. The injured man then claimed $62,500 in loss under the uninsured motorist coverage in both of the two policies that covered himself. One insurance company relies on Insurance Code section 11580.2, subdivision (c)(2), to argue it owes nothing […]
Defendant Did Not Waive Jury By Not Filing Jury Fees When A Fee Waiver Had Been Granted.
The trial court denied defendant a requested jury trial because no jury fees had been posted. The appellate court found error and reversed, stating “because defendant obtained a waiver of jury fees, he was not required to deposit the $150 advance jury fees five days before the date set for trial.” Kim v. De Maria (Cal. […]
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