Bank Records Showed Husband Had Monthly Non-Taxable Income of $62,896.86 In Marriage of Gu and Gao, Case Nos. B290406 and B292480 (2d Dist., Div. 1 October 28, 2019) (unpublished), couple met in Hong Kong and began living together in 2015, coming to the United States in 2016 when husband sought political asylum. They settled […]
Former Employee Achieved Her Litigation Objectives With Set Of Facts Common To All Causes Of Action. In Gwin v. Natvan, Case No. B292990 (2d Dist., Div. 1 October 1, 2019) (unpublished), former employee sued employer and its vice-president (husband of employer’s owner) asserting 13 separate causes of action – several of which allowed
Plaintiff Seeking To Probate New Will Was Decedent’s Long-Time Attorney Friend Who Drafted And Benefited From New Will. A person challenging the validity of a will on the grounds of undue influence or lack of testamentary capacity bears the burden of proof under Probate Code § 8252(a). This burden shifts, under Probate Code §
The Foreign Judgment Was Never Recognized In The California Court Given The Parties Entered Into A Settlement Agreement Prior To A Determination On The Request For Recognition. The Uniform Foreign-Country Money Judgments Recognition Act (Code Civ. Proc., § 1713 et seq.) (UFCMJRA) allows California courts to recognize and enforce judgments entered by courts
Plaintiff Real Estate Developer Failed To Provide The 4th District With Any Evidence That The Award Was Excessive Or Biased. In SCPB Holdings v. Taggett, Case No. D074991 (4th Dist., Div. 1 October 25, 2019) (unpublished), plaintiff real estate developer sued defendant and others for contractual interference and defamation, among other claims, after a
Can’t Make It Up, With A Nonsignatory Being Entitled to Fees Had The Other Side Won Against The Nonsignatory. You really cannot make up some of the decisions we post on. Ehiemenonye v. Escobar, Case No. B285915 (2d Dist., Div. 8 Oct. 23, 2019) (unpublished) clearly falls in this category. As unbelievable as
However, Looks Like Borrower Waived The Winning Argument That The Deed Of Trust Clause Only Allowed Fees To Be Added To the Loan Amount. Fox v. JPMorgan Chase Bank, N.A., Case Nos. B285069/B288282 (2d Dist., Div. 3 Oct. 22, 2019) (unpublished) is a decision which affirmed an attorney’s fees award under a broad deed
FLARPLs Are Conditional, With Family Code Section 2034(c) Giving The Lower Court Discretion To Resolve Disputes Over The Propriety Of FLARPs, Including Revisiting The Propriety Of Such Liens At A Later Time. Acting Presiding Justice Yegan opened the published opinion in Marriage of Bittenson, Case No. B288233 (2d Dist., Div. 6 Oct. 22, 2019)
Appellant’s “Implied-In-Fact” Contract Analysis Was Too Crimped In Nature. We assume that the losing party in a dispute over provision of photocopying services was not happy when the trial judge awarded the prevailing defendant/cross-complainant $159,356.73 in attorney’s fees and $1,729.87 in costs. That prompted an appeal, but the result did not change in Wholesome
Even Though Third Defendant Only Found Liable For $2,287, $100,000 Fee Award Proper Because He Was A Chief Actor In Trade Secret Bad Faith Misappropriation. In Applied General Agency, Inc. v. Greenleaf Financial and Ins. Services, Inc., Case No. G055737 (4th Dist., Div. 3 Oct. 17, 2019) (unpublished), plaintiff won a trade secrets misappropriation
