Real Estate & Business Attorneys
In Berkeley Cement, Inc. v. Regents of the Univ. of California (2019) 30 Cal.App.5th 1153, the court confirmed that a trial court may award mediation fees as costs, whether the mediation is court ordered or privately agreed to. In affirming the award of mediation fees...
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...
Attorneys primary tool is language. How you say something is critical. Attached here is a cheat sheet of how you can think about framing and focusing your argument. Click here: Emphasize facts or De-emphasize facts
I had a case where the issue was if the work had been previously published invalidating the US copyright. This case will be very useful for showing no publication occurred if the work was only posted on a foreign website. In Moberg v 33T LLC (D Del 2009) 666 F Supp...
While the law still allows the U.S. CBP (Customs, Border Patrol) to conduct a limited search of a cell phone or laptop at the border without any suspicion whatsoever based upon the border search exception which is designed for customs inspections, the court...
It pisses me off when companies want charge 3% or more to pay them by credit card. If you don’t want to take credit cards fine, but don’t profit from it! Elavon through Costco only charges 1.99% + 25 ¢ (for phone transactions) so don’t lie and try to make profit...
In White v. Square, Inc. S249248 (August 12, 2019), the California Supreme Court held that an online business violated the Unruh Act by discriminating based upon occupation (or other protected categories of people) and the discriminated person has standing to sue...
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...
Plaintiff sued for fraudulent transfer. Defendants then paid the judgment, but instead of dismissing his complaint, plaintiff amended it to seek damages caused by the delay in paying the judgment. The trial court sustained defendants’ demurrer. On appeal, plaintiff...
The day after a responsive pleading was due, plaintiff’s lawyer sent defendant a letter and an email telling her that the time to respond was past due and threatening entry of default if a responsive pleading was not filed by the next business day. When a pleading was...