A restaurant burned down because of the restaurant’s negligence. There were two insurance policies. The restaurant’s policy listed the landlord as an additional insured, which also had an exclusion for claims between insureds. The landlord had a separate policy and collected under it. The landlord’s insurer brought an action for subrogation against the restaurant owner, […]
Attorney Fees May Be Properly Awarded Under CRC § 2.30.
A party failed to inform the court the case was automatically stayed due to a filing for bankruptcy. The trial court declared a mistrial, dismissed the jury, conducted a sanctions hearing and awarded $81,461.13 in sanctions. The appellate court affirmed in part and reversed in part, stating: “We conclude that [California Rules of Court, rule] […]
Omission Of A Trustee On Deed Of Trust Does Not Prevent Enforcement Of The Deed Of Trust.
After homeowners/borrowers fell more than $90,000 behind in payments, the beneficiary of the deed of trust substituted an entity as trustee to initiate nonjudicial foreclosure proceedings. The homeowners sued to set aside the sale because the deed of trust failed to designate a trustee. Both the trial court and the appellate court held the omission […]
Summary Judgment Reversed On Issue Of Agency Between Auto Club And Tow Truck Company.
Plaintiff was an Auto Club member who requested roadside assistance for a flat tire, and the Auto Club dispatched a flat bed car carrier to a “very dangerous, narrow, dark” section of the Long Beach freeway. The tow truck driver, a technician certified by Auto Club in 1998, decided to transport the disabled car to […]
Defendant Entitled To Fees In Defeating Breach Of Contract Claim, Despite Losing Claim For Promissory Estoppel.
The contract provided the prevailing party in any dispute between the parties shall recover attorney fees. A defendant successfully defeated a claim for breach of contract but lost on a claim of promissory estoppel, and the trial court denied his request for fees. The appellate court reversed, stating: “We hold such a defendant is entitled […]
Disgruntled Clients Settle And Then Sue Their Lawyer.
Clients settled eminent domain action with County for almost $2.6 million, and later brought suit against their own lawyer for attorney malpractice and breach of fiduciary duty, claiming the lawyer failed to work up their case and properly prepare the experts. Their lawyer cross-complained for his legal fees in quantum meruit. The trial court awarded […]
Real Estate Commissioner Looked At Man’s Prior Crime Rather Than Whether He Had Rehabilitated Himself When Broker’s License Was Denied.
A man who had been previously convicted of a misdemeanor, and who completed his probation and had his conviction expunged under Penal Code § 1203.4, applied for a real estate broker’s license. A commissioner of the Department of Real Estate denied the man’s application based on the “dishonest nature” of his prior conviction for theft […]
You Go First. No, After You.
Civil Code §910 requires a homeowner to serve notice of a construction defect claim to commence the prelitigation process before bringing a lawsuit. But §912 requires the builder to provide certain documents. The homeowners claimed they needed the documents before they could comply with §910, and the builder claimed it wasn’t required to provide the […]
County Must Disclose Billing Records Relating To Attorney Fees Charged For Defending County.
A lawyer requested documents under the California Public Records Act [CPRA, Government Code §6250 et seq.], and the County argued the records were not subject to disclosure because they were attorney-client communications, they were attorney-work product and they were exempt under the CPRA’s pending litigation exemption [§6254(b)]. After ordering the County to redact certain portions […]
Couldn’t Get Their Stories Straight.
Owners of luxury car reported it stolen, and then gave several inconsistent versions of the history of the car prior to its disappearance. Their insurance company denied coverage, the insureds sued for bad faith and the trial court entered summary judgment in favor of the insurer. The appellate court affirmed, stating plaintiffs failed to raise […]
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