Below is the post-confirmation status report by the Liquidation Trustee in the matter of In re Walldesign, a California corporation, U.S. Bankruptcy Court, Central District of California Case No. 8:12-bk-10105 CB. My client, A-Z Cellular World, Inc. sued this...
Month: January 2019
APPEAL COURT REVERSES SUMMARY JUDGMENT IN CIVIL RIGHTS CASE!
Five African-American women on the basketball team at California State University at San Marcos (CSUSM) sued head coach Sheri Jennum and the Board of Trustees of the California State University, claiming Jennum had engaged in race-based discrimination and retaliation....
MUST A COURT PROVIDE A COURT REPORTER AT NO COST TO THE POOR?
Another favorite case and topic of mine regarding the poor in the State of California. In this personal injury/premises liability action, self-represented plaintiff Elena Dogan appeals after the trial court granted a motion for nonsuit brought by her landlord,...
CAN A SPOUSE BRING A LAWSUIT AGAINST THEIR SPOUSE AFTER DIVORCE?
Michelle appealed from a $90,000 award in attorney fees and costs in favor of her ex-spouse Jeffery. The parties were initially engaged in a marital proceeding, which they resolved by entering into a stipulated judgment. That judgment included a release, continued...
WHEN DOES A UNIVERSITY NOT HAVE A DUTY TO PROTECT THE PUBLIC?
Plaintiff Carson Barenborg was dancing on a makeshift raised platform at a fraternity party near the University of Southern California (USC) when another partygoer bumped into her, causing her to fall to the ground and suffer serious injuries. Barenborg, who was not a...
WHEN IS PUNISHMENT FOR BEING POOR UNCONSTITUTIONAL?
Defendany Velia Dueñas, an indigent and homeless mother of young children, pleaded no contest to driving with a suspended license. The trial court placed her on probation, imposed $220 in fees and fines, and ordered that if an outstanding debt remained at the end of...
WHEN IS A SECTION 998 OFFER MADE IN BAD FAITH?
A plaintiff who sues and prevails at trial is statutorily entitled to prejudgment interest starting from the date they make a settlement offer under Code of Civil Procedure section 998 (a so-called “998 offer”) as long as that offer is “valid,” and the subsequent...
WHAT DOES THE HOLDING IN HASSELL V. BIRD MEAN FOR THE INTERNET?
In this case, the California Supreme Court considered the validity of a court order, entered upon a default judgment in a defamation case, insofar as it directed appellant Yelp Inc. (Yelp) to remove certain consumer reviews posted on its website. Yelp was not named as...