Family Code section 771, subdivision (a), provides that earnings and accumulations of a spouse while living separate and apart from the other spouse are separate property of the spouse. In this case, the couple was separated but still living in the same home. The Court of Appeal concluded Family Code section 771, subdivision (a), requires […]
Previously We Reported: If At First You Don’t Succeed, Don’t Wait Too Long To Try, Try Again.
In a dispute involving construction of a condominium project, defendants failed to file a responsive pleading after the court denied defendants’ petition to order the matter into arbitration. The trial court entered a $1.7 million default judgment. Defendants moved for mandatory relief pursuant to Code of Civil Procedure section 473(b), which the trial court denied […]
Lemon Law.
Plaintiff purchased a used automobile from a private party, and thereafter sued Ford Motor Co. alleging violations of the Song-Beverly Consumer Warranty Act [Civil Code section 1790 et seq.]. Ford’s motion for summary judgment was granted because Civil Code section 1791(l) requires the seller to be a “retail seller” engaged in the business of selling […]
Disabled Plaintiff May Proceed Under Both Disabled Persons Act And The Unruh Civil Rights Act.
Plaintiff, who is disabled, was denied service at defendant’s restaurant due to presence of plaintiff’s service dog. After hearing various motions, the trial court concluded plaintiff could assert a claim under the Disabled Persons Act [DPA; Civil Code section 54055.3], but not under the Unruh Civil Rights Act [Civil Code sections 51, 52]. Plaintiff voluntarily […]
In Affirming Grant Of Summary Judgment, Appeals Court Declined To Extend Case Of Mary M. V. City Of Los Angeles [Case Involving Late Night Rape By A Police Officer Who Stopped Female Motorist.]
A social worker, who was not assigned to the then-15-year-old foster child volunteered to transport the child to his new foster home. The transfer was completed without incident, but the social worker went back to the new foster home after hours and picked up the child. He took him to a liquor store and then […]
Lis Pendens Void.
An adverse possessor obtained a lis pendens but failed to mail it to the address shown in the assessor’s roll, an address known to be invalid. The Court of Appeal found the lis pendens void, stating: “[U]nder the applicable statues, the lis pendens had to be mailed to the [property owner’s] address as shown on […]
That Pile Of Documents Signed When Taking Out A Home Mortgage!
A homeowner sued the Federal Home Loan Mortgage Corporation “Freddie Mac” for breach of contract and breach of fiduciary duty. Freddie Mac had purchased the homeowner’s mortgage from the loan originator on the secondary market. The loan originator continued to service the loan and failed to pay the insurance premium from an escrow account which […]
Parties Jointly And Severally Liable On An Obligation May Be Sued In Separate Actions.
The California Supreme Court clarified that California law permits separate actions against parties who are jointly and severally liable, stating: “Although long-standing case law has found separate actions permissible, the Court of Appeal here held that a second suit is barred after entry of judgment against one of the contracting parties. The Court reasoned that […]
Summary Judgment Reversed On Issue Of Gross Negligence In Action Against Fitness Facility.
Plaintiff suffered a traumatic brain injury when a cross-trainer cable struck her in the head at a 24-Hour Fitness, the defendant. Defendant moved for summary judgment, arguing that the written release of liability in the membership agreement was a complete defense to plaintiff’s claims for negligence and premises liability. As to the products liability claim, […]
“Rules Are For Children. This Is War, And In War The Only Crime Is To Lose,” Joe Abercrombie.
During the trial of a personal injury action, defense counsel asked questions in clear violation of the trial court’s in limine orders. The trial court sustained each of plaintiff counsel’s objections, but defense counsel continued to violate the in limine orders. The Court of Appeal reversed the judgment in favor of the defendant, stating: “Because […]
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