Plaintiffs bought a multimillion-dollar hillside home, and several months later, they discovered they were not connected to the City’s sewer system. Believing they were deceived, they brought an action against the sellers and the real estate agents who brokered the sale alleging various causes of action, including rescission. After the real estate agents settled for […]
Summary Judgment, Granted To Defendant Based On A Broad Release In An Underlying Action To Which Defendant Is A Stranger, Reversed.
The underlying case involved allegations of breach of contract regarding intellectual property. After protracted litigation, there was a settlement agreement; the agreement included a broad release clause, which stated in part: “. . . do hereby irrevocably and unconditionally release and forever discharge each other and each of their respective past, present, and future affiliates, […]
Real Estate Agents’ Agreement To Share Commissions.
The allegations are that two licensed real estate salespersons agreed to share commissions earned by either of them on certain sales of real property. One sued the other for breaching that agreement, and the trial court sustained the defendant’s demurrer without leave to amend, relying on defendant’s contention that Business and Professions Code section 10137 […]
Second Place Bidder States Cause Of Action For Intentional Interference With Prospective Economic Advantage.
Two companies sued defendant for intentional interference with prospective economic advantage, alleging defendant submitted lowest bids by paying workers less than the statutorily required prevailing wage as required by Labor Code sections 1770 and 1771. During a three-year period, defendant outbid plaintiffs on 23 public works projects totaling more than $14.6 million. Citing Korea Supply […]
Health Club Release From Liability In Plaintiff’s Membership Agreement Valid.
A clip failed on a rowing machine at a 24 Hour Fitness, resulting in severe injury to plaintiff. Plaintiff had signed a release, agreeing the facility was not responsible for injuries, even if they occurred as a result of its own negligence. The trial court granted 24 Hour Fitness’s motion for summary judgment. On appeal, […]
“If I’d Observed All The Rules, I’d Never Have Got Anywhere,” Marilyn Monroe.
With regard to the purchase of additional land by a country club, members were given the option of paying a lump sum or making payments over a period of years. After some time, there was a dispute over the club’s treatment of that obligation vis-à-vis new members. Four members brought suit against the club, and […]
“No Good Deed Goes Unpunished:” Clare Boothe Luce.
A civil engineer, the cross-defendant herein, was hired to prepare plans to build a pier. His plans called for a very particular kind of concrete mixture, which concrete was supplied by defendant/cross-complainant. After defendant/cross-complainant prepared the concrete, cross-defendant gratuitously reviewed the recipe used and approved the prepared concrete. On the day of the concrete pour, […]
No Showing Electronic Signature Was That Of Plaintiff, So Motion To Compel Arbitration Denied.
In a class action wage and hour action, the trial court denied defendant’s petition to compel arbitration, implicitly finding defendant did not present evidence to support its claim there was an arbitration agreement. At the hearing, defendant asserted plaintiff electronically signed a 2011 arbitration agreement, but did not explain how it verified there was such […]
“I Think I’ll Sue My Client For Fees.”
A lawyer sued his former client for unpaid fees and costs. After traveling through the trial court, up to the Court of Appeal, back to the trial court, into arbitration and then once again back to the trial court, the trial court, agreeing with the arbitrator, concluded the client had fully paid what he owed. […]
Danger In Fun: Assumption Of The Risk.
Prior to plaintiff’s participation in a kickboxing class at defendant’s sports club, she signed a one-page agreement which advised that use of the facility naturally involves a risk of injury which she understands and voluntarily accepts. Thereafter, while performing a roundhouse kick, after being instructed on technique, plaintiff injured her knee. In opposition to defendant’s […]
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