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 notarized form such as this: Sprint Consent to Release Information
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Here is your gift from the Google University School of Law courtesy of Chicago Title. Free real estate forms!!!!
https://www.chicagotitleconnection.com/documentforms.htm
Deeds, Affidavits, Deeds of Trusts, Promissory Notes, Homestead, Non Responsibility, Preliminary Change of Ownership, Reassessment Exclusion, and much more.
In an unpublished opinion, Milder v. Holley, B267974 (2/5 1/31/17) the Court of Appeal on a gateway issue, found that a judge decides if there was fraud in the inducement to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 Cal.App.4th 1087, 1095.) This is separate from fraudulent inducement to enter into the contract which happens to contain an arbitration clause. The latter is to be decided by the arbitrator. (Citing Ericksen, Arbuthnot, McCarthy, Kearney & Walsh Inc. v. 100 Oak Street, (1983) 35 Cal.3d 312, 323.) Read more …
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In Pulte Home Corporation v. American Safety Indemnity Co. (2017) 14 CA5th 1086 a homeowner sued for latent construction defects. The General Contractor sought a defense under its sub’s general liability policy as an additional insured. The insurer denied coverage because the subcontractor’s work was completed work as opposed to “ongoing work”. The GC sued
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 because I use private reporters for almost all
Arave v. Merrill Lynch (2018) 19 Cal.App.5th 525 reinforces that in labor law employees have nothing to lose from suing. Plaintiff sued his employer under FEHA and lost. The defendant employer previously served a CCP 998 offer to settle of $100,000 which was rejected. The employee lost his case and the trial court awarded $83,000
In Bustos v. Global P.E.T. (2018) 19 CA5 th 558 an employee who proved discrimination as a motivating factor due to his disability (carpal tunnel syndrome vs. employer who said it was an economic lay off) lost an award of attorneys fees and costs under Harris v. City of Santa Monica (2013) 56 CA4th 203
I guess Congress persons do not pay alimony. Part of the Tax Cuts and Jobs Act is that Internal Revenue Code §71 is now eliminated so any divorce alimony agreements made after December 31, 2018 will no longer result on a tax deduction for alimony paid. The key is the divorce settlement or decree must
Multiple contracts invoke Civil Code §8186 (former §3117) which can be fatal to mechanic’s lien claims. Section 8186 provides when projects are built pursuant to more than one “direct” contract, with each contract covering a particular portion of the work, the owner may record separate notices of completion for each particular portion of the work performed under each contract, rather than waiting for completion of the project as a whole. This affects the time to record a mechanics lien. (See also Gunther v. McCormick (1922) 60 Cal.App. 350) For example ….
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Looking at the CCP about Partition and the equitable powers of the court, the person paying the down payment should be reimbursed what they paid for the down payment before any distribution of the proceeds. In re Marriage of Leversee (1984) 156 Cal. App. 3d 891 involved a married couple who prior to marriage purchased