The Court of Appeal concluded prejudgment interest accrued during pendency of an appeal and that the trial court erred in suspending the accrual of interest during the appeal. Tenzera, Inc. v. Osterman (Cal. App. Second Dist., Div. 3; April 19, 2012) 205 Cal.App.4th 16.
Punitive Damages Award Upheld.
A jury calculated economic damages at $1.47 million which included medical expenses, lost earnings, lost retirement benefits and the value of household services, and noneconomic damages for pain, suffering, emotional distress and loss of a spouse’s consortium at $2.5 million. By the time of the separate trial for punitive damages, all but one defendant had […]
New Bills Give Renters 90 Days to Stay in Foreclosed Home Before Eviction
The California Legislature approved two bills that would help tenants who are on the verge of having their home foreclosed upon remain in their property for a longer period of time. Assembly Bill 2610, sponsored by Nancy Skinner (D-Berkeley), and Senate Bill 1473, sponsored by Loni Hancock (D-Berkeley), will require purchasers of foreclosed homes to […]
California Supreme Court Grants Review in Construction Law Case Berkeley Hillside Preservation v. City of Berkeley
Earlier this year, the Court of Appeal overturned the City of Berkeley’s approval of a 6,478-square-foot single-family home with a 3,394 square-foot garage pursuant to a categorical exemption under the California Environment Quality Act (CEQA). On May 23, 2012, the California Supreme Court unanimously granted review of the First Appellate District’s decision in Berkeley Hillside […]
Only Natural Persons Subject To Suit.
The family of the deceased brought suit against The Palestinian Liberation Organization and The Palestinian Authority under the Torture Victim Protection Act of 1991 which authorizes a cause of action against an individual for acts of torture and extrajudicial killing committed under authority of color of law of any foreign nation. In this case, Palestinian […]
Summary Judgment Reversed By Ninth Circuit In Intellectual Property Case.
Plaintiff designed and registered with the Copyright Office a floral print fabric and sold 50,000 yards of it between 2002 and 2006. In 2008, plaintiff discovered shirts bearing a very similar design “printed using cruder, lower-quality techniques and machinery.” Plaintiff sued the seller of the design it discovered. The trial court granted summary judgment for […]
Is a Deed of Trust the Same as a Mortgage? Not in California
A Plaintiff borrower appealed a judgment from the Superior Court of Alameda County (California), which sustained a demurrer to the borrower’s complaint challenging the validity of a non-judicial foreclosure by defendants, the beneficiary under the deed of trust and the loan servicer. In Haynes v. EMC Mortgage Corporation (Cal. App. First Dist., Div. 4; April […]
Which Statute of Limitations Applies in Certain Real Estate Related Matters?
Civil Code §2079.4 imposes a two-year statute of limitations on suits brought against a seller’s real estate broker. The standard buyer-broker agreement form issued by the California Association of Realtors form imposes a two-year limitations period for any legal action against a buyer’s broker. This case involves claims brought against a dual listing agent. The […]
California Supreme Court Rules Employers Not Obligated To Police Meal Breaks
On April 12, 2012, the California Supreme Court finally issued a long awaited decision in the seminal case of Brinker Restaurant v. Sup. Ct. (Hohnbaum), (Cal. Sup. Ct., April 12, 2012) (Case No. S166350) 2012 Cal. LEXIS 3149 and ruled that while California workers have a legal right to take their rest and meal breaks […]
Construction Litigation and City Zoning Restrictions News in California
For my second discussion in this series about recent cases dealing with real estate law in California decided by the California Court of Appeal I wanted to mention these two decisions from the Fourth District, Division Three, and Fifth District in California—one involving construction litigation and the other involving city zoning restrictions. YOU SPOT ZONE […]