Experienced Real Estate & Business Attorneys

Year: 2019

No waiver of jury trial even if willfully disobey Court’s Order re jury trial preparation (Guo Zhang Chen v. Lin (Cal. App. Dep’t Super. Ct., Nov. 14, 2019, No. BV 033055)

Waiver of the right to a jury trial cannot be imposed as a sanction.  In a Los Angeles unlawful detainer action, the pro per tenant (who was also pro per on appeal) appeared on the trial date without complying with a Los Angeles County Superior Court Civil Division...

A Stipulated Judgment Can Be an Unenforceable Penalty (Use an incentive for a discount, not an increase if a default (Red & White Distribution v. Osteroid Enterprises (2019)

A stipulated judgment constituted an unenforceable penalty under Civil Code §1671(b) where the stipulated judgment for $2.8 million bore no reasonable relationship to the range of actual damages the parties could have anticipated from a breach of their agreement to...

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