I see this case more as a discovery matter and a lesson for lawyers and clients not to lie. But it also stands for malicious prosecution, a favorable termination requires more than a dismissal of the underlying action. The person wrongfully sued who has prevailed...
Experienced Real Estate And Business Attorney
Civil Procedure
Attorney Fee Award to Person Found Not to Be a Party to Contract (alleged as alter ego) MSY Trading Inc. v. Saleen Automotive, Inc., G057093
Saleen cars look awesome! Too bad the one in this case (not as pictured) only drove for 50 miles than died. Civil Code §1717 has a mutuality component. The defendant was added as an alter ego of a debtor under a Riverside Superior Court judgment, but was found to...
Los Angeles Superior Court Status Update April 24, 2020: No Civil Trials Until September or Later!
LOS ANGELES (Updated April 24): “All civil trials scheduled to begin for the period March 17 through June 17 have been or will be continued by General Order. Because civil jury and non-jury trials are not included in the enumerated time-sensitive essential functions...
Covid-19: Court is limiting all Evictions Unless the Public Safety is at risk
The current law is only staying evictions or unlawful detainer actions for non-payment of rent. Please read this memo: July 14, 2020 Updated Letter to Clients re COVID-19 – UD Civil trials will probably be continued until after November 1, 2020 if it is a short...
$1,200 per hour attorney fee is reasonable per L.A. County Judge Fahey!
Trial courts have great discretion as to determining what is a reasonable attorney fee. Some judges look at what is a “market rate” and for high end clients they will pay $1,200 per hour. In an unpublished opinion, Los Angeles Superior Court Judge William Fahey...
Attorneys must disclose if they do not have malpractice insurance or risk not being paid! (Rules of Professional Conduct, 1.4.2 (formerly Rule 3-410)
The plaintiffs’ attorneys in a class action were denied attorney’s fees because some of the attorneys failed to disclose their lack of professional liability insurance to the client at the time the client retained the attorney. The Court of Appeal concluded the...
Mediation Fees May be Awarded as Costs after Trial (Berkeley Cement, Inc. v. Regents of the Univ. of California (2019) 30 Cal.App.5th 1153)
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...
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...
Online Services Cannot Discriminate by their Terms of Use (White v. Square, Inc. S249248 (August 12, 2019))
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...