A California lawyer made a telephone call to an Arizona lawyer to inquire about title and ownership of equipment the California lawyer’s client was contemplating buying from a Texas company. He left a voicemail message, and the Arizona lawyer returned the telephone call. The Arizona lawyer represented he was the lawyer for the Texas company, […]
No Showing Iran Suitable Alternative Forum.
In attempting to reclaim real property in Iran abandoned after the overthrow of the Shah in 1978, the parents of plaintiffs executed powers of attorney for a friend and attorney in Iran to pursue legal proceedings in that country. Years later, plaintiffs realized two of the attorneys in fact in Iran had quitclaimed some of […]
On Forum Non Conveniens Basis NFL Declaratory Relief Action Properly Stayed.
The National Football League and its intellectual property marketing arm have been sued in multiple states by dozens of former players alleging lifelong brain damage from on-field injuries dating back to the 1950’s. In this case the plaintiffs, National Football League and NFL Properties LLC, seek a Los Angeles Superior Court declaratory relief judgment regarding the […]
Zoning Ordinance Does Not Conflict With State Law Or Constitutional Principle.
Defendants operated a marijuana collective in an agricultural zone, and the county brought an action for injunctive relief, seeking to stop a nonconforming use of property. A county zoning ordinance related to the location of medical marijuana collectives and cooperatives [MMC’s] states they “shall not be established or located in any zone in the County of […]
An Appellate Court Has The Inherent Power Under The “ Disentitlement Doctrine ” To Dismiss An Appeal By A Party Who Refuses To Comply With A Lower Court Order.
Defendants, an individual and a corporation located in New York, appealed from a California judgment in favor of plaintiffs, but did not post a bond to stay enforcement of the judgment. Plaintiffs registered the judgment in New York and proceeded with execution. Defendants did not comply with a New York subpoena or with a New York […]
Law Firm’s Arbitration Petition Denied In Employment Case.
In an employment discrimination action, defendant law firm petitioned to compel arbitration of the claims based on a letter agreement: “You and the Firm agree that any legal disputes which may occur between you and the Firm and which arise out of, or are related in any way to your employment with the Firm or its […]
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 […]
Ninth Circuit Relaxes Standard For Personal Jurisdiction Based On Internet Postings.
The Ninth Circuit, in opinions written by Judge William Fletcher, made it easier to subject defendants to local jurisdiction based on activities on the internet. In CollegeSource, Inc. v. AcademyOne, Inc. (Ninth Cir.; August 8, 2011) 653 F.3d 1066, [2011 DJDAR 11896], defendant, a Pennsylvania corporation posted material collected by plaintiff on its website. Defendant […]
Forum Selection Clauses Not Always Enforced.
After more than 19 months of litigation in California, the defendant/lender moved to dismiss or stay the lawsuit based on a forum selection clause that required the plaintiff/borrower to sue in Illinois. The Court of Appeal found that Civ.Proc. §410.30 does not permit a motion to be made at any time, and that such clauses […]
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 […]