Order Granting Writ Petition Was A Final Judgment, Not Impacted By A Future Writ Return. Union members successfully obtained a writ of mandate order by which the lower court directed vacating a Union board election in Wallace v. Alameda County Management Employees Assn., Case No. A162044 (1st Dist., Div. 5 Jan. 25, 2022) (unpublished). […]
Order Can Be Based On An Oral Pronouncement. Plaintiff’s attorney in Marriage of Stupp and Schilders, Case Nos. A161177 et al. (1st Dist., Div. 2 Jan. 25, 2022) (unpublished) was hit with a $1,050 sanctions order under CCP § 177.5, which authorizes a judicial officer to impose monetary sanctions “for any violation of a
Plaintiffs Voluntarily Dismissed Action Without Terms Of Handwritten Agreement Being Met And Property Was Never Transferred. In Debenedetti v. Debenedetti, Case No. A162074 (1st Dist., Div. 4 January 24, 2022) (unpublished), plaintiff brothers, who were successor co-trustees of their father’s trust, filed an action against their brother for breach of a promissory note securing
The Trial Court Improperly Based Its Fee/Costs Awards Entirely On Defendant’s Counsel’s Arguments Which Were Made Without Any Supporting Evidence. In Solis v. MVP Cars, Case No. E075101 (4th Dist., Div. 2 January 24, 2022) (unpublished), defendant was sued under the Consumer Legal Remedies Act (Civ. Code, §§ 1750 et seq.) for its failures
Evidence On Unsuccessful Claims Was Probative On Successful Claims, So Reduction Needed To Be Restudied. In Vines v. O’Reilly Auto Enterprises, LLC, Case No. B301000 (2d Dist., Div. 7 Jan. 21, 2022) (published), a FEHA plaintiff won on two out of six causes of action, recovering $140,400 on retaliation/failure to prevent retaliation claims, but
Lender Also Asked For Fees For Prevailing On Contract Claims, But That Was Forfeited By Not Timely Asking For Them Earlier. In Vakili v. Bank of America, N.A., Case No. C091767 (3d Dist. Jan. 20, 2022) (unpublished), a borrower and lender won and lost some claims where there were contractual attorney’s fees clauses in
Plaintiff Did Not Move To Tax Costs, Such That The Offset Was Proper. In Maximo v. Threatt, Case No. B301735 (2d Dist., Div. 7 Jan. 19, 2022) (unpublished), plaintiff won $22,260 in an automobile personal injury case, but it did not exceed the defense CCP § 998 offer. The trial court entered judgment for
Section 1717 Tender Rules Were At Issue, Affirming Determination That The Party Attempting To Settle The Debt Was In The Right. Believe me, the equities in a case do matter, even one involving numerous lower court proceedings (both in California and Maryland courts) and six appeals considered by the Second District. This is
Case Has A Nice Discussion of Lis Pendens And Right Of First Refusal Principles. In J&A Mash & Barrell, LLC v. Superior Court, Case No. F083104 (5th Dist. Jan. 19, 2022) (published), the appellate court confronted a mandate writ proceeding to review a lower court’s lis pendens expungement order in a dispute brought by
Case Law Was Not Ambiguous That No Entry of Judgment Was Needed When The Court Clerk Served A Notice Of Voluntary Dismissal. Tom v. Live Nation Entertainment, Inc., Case No. B308200 (2d Dist., Div. 7 Jan. 19, 2022) (unpublished) should remind all litigators to timely file a motion to tax costs, even prematurely doing
