A general engineering construction company performed public works projects. The California Department of Industrial Relations, Division of Labor Standards Enforcement [DLSE] issued a civil wage and penalty assessment, including a disbarment period during which the company would be excluded from making bids on public work projects for one year, against the construction company based on allegations […]
Borrower Must Be Offered A Permanent Loan Modification When They Comply With A Trial Period Plan.
After her home loan went into default, plaintiff agreed to a trial period plan [TPP], a form of temporary loan payment reduction under the Home Affordable Mortgage Program [HAMP]. Plaintiff complied with the TPP, making timely reduced monthly payments. Nonetheless, the bank denied her a permanent loan modification, and plaintiff’s home was sold at a trustee’s […]
Substantive Grounds For Motions For JNOV, Nonsuit, And Directed Verdict May Be The Same, But Their Procedural Requirements Are Not.
In an action involving strict liability and negligence, a jury found in favor of the plaintiffs on their failure to warn and negligence claims. After the jury was discharged, but before judgment was entered, the trial court granted defendant’s pending pre-verdict motions for nonsuit and directed verdict, deeming those motions to be a motion for judgment […]
Business Competitor Alleging Injury Caused By Unfair Competition By An Internet Company With Whom There Had Been No Business Dealings May Pursue Unfair Competition Claim, Even Though A Consumer Could Not.
A law firm brought an unfair competition action [UCL; Business & Professions Code section 17200] against an online legal services provider based upon alleged unauthorized practice of law. The allegations include claims the internet provider undercut the competition by using unlicensed persons to perform legal work, thereby saving on attorney costs, and by employing unbonded and unregistered legal […]
No Life Preserver To Save Non-Appealable Order.
Plaintiff’s case was dismissed as a terminating sanction following discovery abuse. Plaintiff appealed and defendant argued the appeal was from a non-appealable order. In his appellate brief, plaintiff told the appeals court his appeal “was timely filed following Entry of Judgment in this matter.” Even though appellate courts often permit a premature appeal and treat it […]
Husband Beater Got No Spousal Support.
In dissolution proceeding, husband requested relief from paying spousal support because of wife’s domestic violence. He detailed 19 written police reports, five arrests, three criminal convictions, three criminal protective orders, one civil temporary restraining order, and three probationary periods. The trial court found wife was statutorily ineligible to receive spousal support based on her history of […]
On A Cellular Phone While Driving Reading A Map.
Vehicle Code section 23123, states: “A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.” The appellate court was asked to determine whether or not using a wireless phone solely for its […]
When 170.6 Challenge To Judge Assigned To Trial Presented, Independent Calendar Court Did Not Function As A Master Calendar Court.
A corporate dissolution action was assigned to one judge for all purposes. That judge advised counsel he would not be available on the trial date and “would tell them at trial call on November 9 which trial judge would be assigned the case” for trial. On November 9, the court informed counsel the name of the […]
Summary Judgment For Employer Reversed On Worker’s Compensation Defense.
Plaintiff functioned as a volunteer employee for defendant. Defendant’s worker’s compensation insurance policy provided coverage for volunteers. On the day of the incident, according to plaintiff, plaintiff was not acting as a volunteer, but went to defendant’s business to visit a friend. Plaintiff claimed that while she was there, she was asked to go get somebody […]
Court Erred In Finding A Lack Of Mutual Assent.
A commodities merchandiser entered into 12 contracts. It sued the buyer alleging it failed to accept and pay for some of the merchandise. After a bench trial, the court found there was no mutual assent for lack of certain contract terms. Judgment was entered for the buyer. The Court of Appeal reversed, stating in part: “The […]
- « Previous Page
- 1
- …
- 78
- 79
- 80
- 81
- 82
- …
- 105
- Next Page »