Real Estate & Business Attorneys
Phone company records are difficult to obtain. I say difficult, not impossible. Even with a validly issued civil subpoena, the phone company will not comply without a notarized written consent from the consumer who “owns” the phone number. You need a signed and...
In an unpublished opinion, Milder v. Holley, B267974 (2/5 1/31/17) the Court of Appeal on a gateway issue, found that a judge decides if there was fraud in the inducement to enter into an arbitration agreement in California. ( Citing Johnson v. Siegel (2000) 84...
In Burd v. Barkley Court Reporters (2017) 17 Cal.App.5th 1037, the court stated the fees allowed for an official transcript in Government Code sections 69950 and 69954 are the max a private reporter can charge of a proceeding in front of a judge. I love this ruling ...
In Marcus and Millichap Real Estate (April 30, 2018) G053953, a sympathetic Court reversed a ruling so that a once wealthy, but now poor Plaintiff who lost more than $2.8million by the defendants for elder abuse and breach of fiduciary duty, and after being in...
Code of Civil Procedure 1856(g) provides that parol (verbal) evidence to explain the circumstances under which the agreement, to which it relates, explain an extrinsic ambiguity or otherwise interpret the terms of the agreement, or to establish illegality or fraud....
The statutes differentiate between calendar, business and court days. Sometimes a due date is longer or shorter than you may think. Here are two links to help: The Los Angeles Superior Court “official” Date Calculator: http://www.lacourt.org/courtdatecalculator/ui/...
Here is a great chart of civil procedure and court rules compiled by Bill Makinney at Pillsbury. There are some additions , or “legal secrets” I could add, but I’ll save that for another day. California State Court Timing Chart-2015
Attached is a chart of when the California Rules of Court says you need to file common documents in civil cases. Civil Case Timelines Rules of Court
The general “extension rule” of CCP 12a which does apply to 3 Day Notices, does NOT apply to exercise of lease options. In a commercial lease, the civil procedure rule extending period to perform any lawfully required act past holidays, including Saturday, to next...
In an unpublished case, Durack v. Wang, B276086, on September 27, 2017 the Court stated that Civil Code 1717 does NOT apply in an action based upon CC&R’s so attorney’s fees can be awarded against a party who voluntarily dismissed an action! In this case...