Plaintiff brought an action to recover his funds after he entered into an oral agreement with defendant by which he transferred two sets of funds to defendant, one to play poker according to plaintiff’s specific instructions where it was legal to do so and the other as a loan for defendant’s living expenses. The trial […]
Service Of Process Quashed.
Plaintiff/tenant sued defendant/owner for constructive eviction and fraud. Plaintiff’s process server purportedly served defendant by substituted service by serving defendant’s mother at the California address provided by defendant for plaintiff to remit her monthly rental payments, and checking “home” on the proof of service. The trial court granted defendant’s motion to quash service. The appellate […]
Wallscape Advertising In Place Since 1984 Olympics Approved By City, But, Violates State Law.
L.A. building, purchased in 1999, had 8,000 square feet of advertising space on its side. Permits from the City were located at the time of purchase, but no investigation was done to determine whether there were state-issued permits. The Department of Transportation [Caltrans] found the wallscape to be in violation of the Outdoor Advertising Act […]
In Good Times And In Bad Times.
A union brought action against a city, alleging the city retracted its promise to pay 50 percent of its employees’ medical insurance premiums after retirement. The trial court sustained a demurrer without leave to amend the petition for writ of mandate. Applying the California Supreme Court’s 2011 opinion in Retired Employees Assn. of Orange County […]
Mobile Home Park Application For Conversion Improperly Denied.
A mobile home park applied to a city to convert the park to resident ownership by subdividing the park into individual lots which would be offered for sale to residents. Government Code §66427.5 required the park to conduct a “survey of support.” Only a handful of park residents completed the survey, and of those, 58 […]
Completed And Accepted Doctrine Applied.
Under the “completed and accepted doctrine,” once a contractor completes work that is accepted by the owner, the contractor is not liable to third parties injured as a result of the condition of the work, even if the contractor was negligent in performing the contract, unless the defect in the work was latent or concealed. […]
No Duty To Defend.
Company A advertised its product, which resembled and had a name similar to the product sold by Company B. Company A’s advertisement, however, did not identify Company B’s product expressly and did not disparage Company B’s product. When Company B sued, Company A made a demand on its insurer to defend under an insurance policy […]
But The Parole Board Was Wrong.
Under Penal Code §3550, the Board of Parole Hearings denied medical parole to a quadriplegic inmate who requires 24-hour care. The Court of Appeal reversed, concluding it found no evidence showing the conditions of the inmate’s release would reasonably pose a threat to public safety. In re Steven C. Martinez on Habeas Corpus (Cal. App. […]
Neighbor Pays For “Hack Job” To Tree.
Another case involving a neighbor cutting down portions of a tree. The trial court awarded damages of $22,530, which it doubled under Civil Code § 3346 to total $45,060. Under Civil Code § 1029.8, the court awarded an addition $50,148 for attorney fees because the tree trimmer was unlicensed. Calling the tree cutting a “hack job,” the […]
Lawyer May Cross-Complain Against Other Lawyers Who Independently Reviewed Settlement.
It started out the usual way. Lawyer had the temerity to sue client for fees, and client promptly cross-complained for legal malpractice in the handling of the underlying marital dissolution action. Lawyer turned around and cross-complained against other lawyers who gave counsel in the settlement of the underlying action. The trial court granted a motion […]
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