I have a feeling the Judge was not really sympathetic to the Arkansas based Wal-Mart corporate party defendant. Go Texas Longhorns!!! Click here for the actual Court Order: Federal Judge Ruling on TexArkana Depositioni
Yiddish and Dueling in the Federal Court from Boston to Oklahoma City
I love Federal Court Judges. Attached are actual court orders including an order striking “dreck”, and an Oklahoma District Court Judge lamenting that to attorneys acted as “schmucks” and the Court stated “This case makes me lament the demise of dueling.” (Note the Court misspelled the word dueling, but I wouldn’t mention that to the
Did the lawyer really say that?
What comes out of mouths of babes and lawyers sometimes is special! 
Legal Mugging
It’s sad but this is common. Frivolous lawsuits do not help the legal system. 
Free Real Estate Forms from Chicago Title!
I love Chicago Title (even if it and many other title companies are all owned by the same conglomerate Fidelity Title!). Here is a link for many basic real property related forms. http://www.chicagotitlela.com/blank_documents.html
Don’t forget, its not the form, but what you put in the form that counts. So hire a lawyer! And if you
Revocable Transfer-On-Death Deeds (aka Lady Bird Deed) New Since 2016! (Probate Code §5642)
This provides a simple way to transfer California real estate at death without having to go through California probate. (Probate Code §5600, et seq.) The way to look at this is it is a “Transfer-On-Death Deed ” NOT a transfer during life deed. It only applies to residential properties and must be promptly recorded after it is notarized. This document is exempt from documentary transfer tax under Rev. & Tax. Code §11930. This document is exempt from preliminary change of ownership report under Rev. & Tax. Code §480.3.
For the specific requirements and a sample, click here:
Continue Reading Revocable Transfer-On-Death Deeds (aka Lady Bird Deed) New Since 2016! (Probate Code §5642)
Where to serve bank subpoenas or process e.g. for bank levies?
The Department of Business Oversight maintains a handy list of names of banks in California and where to serve them. Go to http://www.dbo.ca.gov/Laws_&_Regs/legislation/service_of_legal_process/
Attorneys Fees awarded against beneficiaries after challenging a trust distribution comes out of their share of the inheritance
Beneficiaries of a trust lost a challenge to the sale of trust property by the trustee. The trial court ordered them to pay the trust’s attorney fees and costs, making the beneficiaries personally liable. The Court of Appeal affirmed the award of attorney fees, but reversed the order insofar as it made the beneficiaries personally
Why not to do business with a lawyer — Court states a lawyer was gaming the system, go figure
A homeowner who is an attorney accused a bank of violating Civil Code § 2923.6, subdivision (c) by foreclosing while his loan modification application was pending. The attorney did not pay his mortgage for eight years. The attorney sued the bank, and the bank’s demurrer was sustained without leave to amend. The Court of Appeal
Attorneys Fees Awarded on Tort Claims due to an overbroad attorney fee clause even on a dismissed case
While Code of Civil Procedure § 1717a bars attorneys fees if the cause of action is on a contract, look to Santisas v. Goodin (1998) 17 Cal.4th 599. In Santisas, attorney fees were awarded on a tort claim because the home purchase agreement attorney fee provision stated it covered claims “ ‘arising out of the execution of this agreement or the sale’ ” which was interpreted as being broad enough to cover tort claims and contract claims. These attorneys fees, would then be claimed as an element of costs. (Code Civ. Proc., §§1032(a)(4) and §1033.5, subd. (a)(10)(A).)
A summary of how some prior courts have interpreted other provisions click here:
Continue Reading Attorneys Fees Awarded on Tort Claims due to an overbroad attorney fee clause even on a dismissed case