Litigation

1. California Supreme Court Affirms Treble Damages and Attorney’s Fees Penal Code § 496 cases involving theft apply to civil business disputes where the defendant is alleged to have stolen any [...]

1. Liquidated Damages are Unenforceable If They Bear No Reasonable Relationship to the Range of Actual Damages the Parties Anticipated Would Flow from a Breach In the case of Graylee v Castro, [...]

1. One Stray Remark Can Lead to Harassment Lawsuit Senate Bill 1300, effective January 1, 2019, has amended the Government Code in California to make a single incident of a stray remark [...]

Tree Law Trees with trunks standing entirely on the property of one owner belong exclusively to that owner even though the roots may grow into the adjoining owner’s property. See Civil Code [...]

If You Pay Extra Money For A View Is It Protectable? I have received many phone calls over the years from homeowners who want to sue their neighbors or the City or their HOA because they have [...]

Homeowners Association Given Deference By Appellate Court In Establishing and Enforcing Its Own Rules. In the case of Watts vs. Oak Shores Community Association, 235 Cal App 4th 466, the [...]

Pre-dispute Jury Trial Waiver In Loan Documents Is Unenforceable Per CCP 631(f). In the case of Rincon EV Realty vs. CP III Rincon Towers the 1st District Court of Appeal held that a jury trial [...]

Arbitration Denied When Arbitration Provision Deemed Unconscionable, Both Procedurally and Substantively. In the case of Penilla vs. Westmont Corporation, 2016 DJDAR 9442, the Appellate Court [...]

Premises Liability Expanded For Employees Drinking After Work. In the case of Kai-Yen Cheng vs. OTB Mission Valley Restaurant, et al., the San Diego Superior Court found a San Diego restaurant [...]