In SIRY INVESTMENT, L.P. v. FARKHONDEHPOUR, the Supreme Court resolved a conflict in lower courts by ruling that treble damages and attorney’s fees pursuant to section 496(c) are recoverable in theft-related business tort cases. The Court found it applies so treble damages and attorney’s fees can be awarded in a case concerning “fraudulent diversion of
It is confusing which eviction notice to use and when the money is due, or not due, under the current Covid-19 eviction rules. This chart may help point you in the right direction. But use a lawyer, these are only basic instructions. Click here to download this chart: Which Covid Forms to serve
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In order to “constructively” serve a person by publication, or by serving the Secretary of State, you need to show due diligence to track down and to serve the defendant by “normal” means. E.g. personal or substitute service. The United States Postal Service provides this form and information to obtain a persons or businesses’
The current primary laws affecting residential tenancies are the CDC Agency Order Published September 4, 2020 and California’s AB3088 enacted August 31, 2020 aka The California Tenant, Homeowner, and Small Landlord Relief and Stabilization Act. Commercial evictions for non-payment of rent may still be limited through Governor Newsom’s September 23, 2020 Executive Order extending the
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 NOT be the alter ego. Therefore,
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 must show a favorable termination on the merits that reflects
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 set out in these General Orders, they will be continued, or
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 matter, e.g. court trial. Jury trials will (may) be
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 awarded attorney’s fees in favor of Latham Watkins, Gibson Dunn
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 agreement was unenforceable because of failure to comply with former rule 3-410 and