When the owner of a single-family home rents bedrooms in the home to separate tenants, does the Costa-Hawkins Rental Housing Act (CostaHawkins, or the Act, Civil Code §1954.50 et seq.)1 exempt each of the tenants’ rooms from local rent control because the home is...
Month: May 2020
APPEAL COURT AFFIRMS JUDGMENT FOR DEFENDANTS IN OPEN BOOK CASE!
Plaintiff Eloquence Corporation (Eloquence) sued defendants Home Consignment Center (HCC), Johnny Crowell, and John Fondnazio, asserting breach of contract and open book account causes of action for failure to pay invoices pursuant to a consignment agreement....
APPEAL COURT AFFIRMS JUDGMENT IN “STORAGE WARS” CONTRACT MATTER!
For several years, plaintiff David Hester was a reality television star on “Storage Wars.” He now finds himself at war with defendant Public Storage over the contents of a storage unit. Plaintiff made the winning bid and purchased the contents of a self-storage unit...
ATTORNEY LOSES MALICIOUS PROSECUTION CASE RE ANTI-SLAPP!
Noe hired attorney Dorit to evaluate the medical records of Noe’s deceased mother for a potential medical malpractice suit. Noe agreed to pay Dorit a $10,000 non-refundable retainer fee, intended to cover Dorit’s time spent evaluating the claim, plus “the costs of...
APPEAL COURT AFFIRMS ATTORNEY FEE AWARD RE ANTI-SLAPP!
The trial court found defendants Peng Xufeng and Jia Siyu filed a frivolous anti-SLAPP motion against Changsha Metro Group Co., Ltd. (Changsha). The trial court ordered defendants to pay Changsha $61,915 for Changsha’s attorneys’ fees in opposing the anti-SLAPP...
APPEAL COURT DISMISSES APPEAL RE ANTI-SLAPP!
Plaintiff Six4Three, LLC appeals from an order in which the trial court (1) struck as irrelevant multiple exhibits to a declaration that Six4Three had submitted in opposition to an anti-SLAPP motion (Code Civ. Proc.,1 § 425.16) and (2) sealed various exhibits to that...
APPEAL COURT AFFIRMS LABOR COMMISSIONER JUDGMENT FOR EMPLOYEE!
Younan worked for Fleming, 2009-2016. In 2017, he filed a complaint with the Labor Commission, seeking $22,000 in commissions, plus penalties and interest. Fleming asserted to the Labor Commissioner that the complaint should be dismissed because the parties signed an...
APPEAL COURT MODIFIES JUDGMENT IN NEGLIGENCE CASE!
Plaintiffs challenged the trial court's reduction of economic damages awarded by the jury in a negligence/trespass action where the jury returned a special verdict in plaintiffs' favor and against Capital Agriculture. In this negligence/trespass action, Lynn Shuler...
APPEAL COURT AFFIRMS JUDGMENT IN FAVOR OF CITY IN EMPLOYMENT CASE
Plaintiff-appellant James Willis, a peace officer employed by the Carlsbad Police Department (Department), sued defendant-respondent City of Carlsbad (City) alleging in part that it engaged in whistleblower retaliation against him in violation of Labor Code section...
APPEAL COURT AFFIRMS JUDGMENT FOR PLAINTIFF IN ELDER ABUSE CASE!
Plaintiff and respondent Melanie Arace, as personal representative and successor in interest for Grace R. Miller (Miller) and trustee of the Grace R. Miller Trust dated May 8, 2002, initiated this action for elder abuse against Medico Investments, LLC (Medico), a...