In Fireman’s Fund Insurance Company v. Sup.Ct. (Front Gate Plaza, LLC) (Cal. App. Second Dist., Div. 3; June 28, 2011) 196 Cal.App.4th 1263, [127 Cal.Rptr.3d 768, 2011 DJDAR 9647], the trial court ruled that communications between counsel representing the same party were not privileged under the attorney client privilege and ordered the lawyer involved in the communications to answer […]
Only shoot at cats having some fair market value.
Mr. Grosser allegedly shot Mr. Kimes’s cat with a pellet gun. Kimes claimed he spent $36,000 for emergency surgery and follow up care for the partially paralyzed cat. The trial court ruled that the cat had no market value and that, because plaintiff could not recover more than the market value, the suit should be dismissed. […]
Sale Of Orange County Fairgrounds Set Aside.
As part of Governor Schwarzenegger’s plan to raise funds by selling state owned real property, the California Department of General Services sold the Orange County fairgrounds. A number of parties, including one of the unsuccessful bidders, sued to void the sale. The Court of Appeal agreed with plaintiffs. The Department failed to comply with the statutory […]
Court Cannot Affect Rights Of Non-Party Trust Deed Holder.
In an action for fraudulent transfer the court granted summary judgment in favor of the trust deed holder. Later, another judge tried the fraudulent transfer case against the previous and subsequent owner of the property and held that their rights prevailed over the trust deed holder. The Court of Appeal reversed. The trust deed holder was […]
No Arbitration Because Of Possibility Of Conflicting Rulings.
Plaintiff sued a residential care facility for elder abuse and wrongful death regarding alleged inadequate care. As her mother’s attorney in fact, plaintiff had entered into a “residency agreement” with the facility, which agreement contained an arbitration clause, but plaintiff did not enter the agreement in her personal capacity. Under the arbitration clause, all claims related […]
Acts Prepatory To Official Proceedings Covered By Anti-SLAPP Statute.
Plaintiff is the father of a five-year-old daughter and is going through a divorce. He brought a federal civil rights action under 42 USC §1983 against a licensed family and marriage therapist claiming the therapist conspired with his former mother-in-law and others to falsely accuse him of sexually abusing his child. He alleges the therapist coached […]
Medical Malpractice, Or Ordinary Negligence? IIED Demurrer Reversed.
Plaintiff underwent a dilation and curettage procedure following a miscarriage. She alleges that she was administered inadequate anesthesia and awoke during the procedure. When she later confronted the anesthesiologist, the anesthesiologist became angry, shoved a container filled with plaintiff’s blood and tissue at her, and then urged plaintiff not to report the incident. Plaintiff sued the […]
Spousal Support Waiver Deemed Invalid.
On appeal, a husband challenged the trial court’s invalidation of a wife’s spousal support waiver contained in a 1985 prenuptial agreement. The soon-to-be wife had no input about the wording of the document. She claims the first time she saw it was three days prior to the wedding, after all the invitations had gone out. After […]
Section 9 Of The Federal Arbitration Act Is Procedural, Not Substantive.
One party to an arbitration petitioned to the superior court to confirm the award of the arbitrator. The other party objected because the parties did not agree in their arbitration agreement that the award could be judicially confirmed as required by section 9 of the Federal Arbitration Act [FAA; 9 U.S.C. § 9.]. The trial court […]
Union Has Statutory Protection To Picket Supermarket.
The California Supreme Court ruled on union picketing laws in front of a supermarket entrance and held: “[T]he supermarket’s privately owned entrance area is not a public forum under the California Constitution’s liberty of speech provision. For this reason, a union’s picketing activities do not have state constitutional protection. Those picketing activities do have statutory protection, […]
- « Previous Page
- 1
- …
- 86
- 87
- 88
- 89
- 90
- …
- 105
- Next Page »