In an unpublished opinion, Milder v. Holley, B267974 (2/5 1/31/17) the Court of Appeal on a gateway issue, found that a judge decides if there was fraud in the inducement to enter into an arbitration agreement in California. ( Citing
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Latest from Simkin & Associates - Page 9
Expanded Insurance Coverage for Additional Insureds (Pulte Home v. American Safety)
In Pulte Home Corporation v. American Safety Indemnity Co. (2017) 14 CA5th 1086 a homeowner sued for latent construction defects. The General Contractor sought a defense under its sub’s general liability policy as an additional insured. The insurer denied coverage…
Private Court Reporters Can Only Charge what the Govt. Code Allows for a Copy of the Proceeding
In Burd v. Barkley Court Reporters (2017) 17 Cal.App.5th 1037, the court stated the fees allowed for an official transcript in Government Code sections 69950 and 69954 are the max a private reporter can charge of a proceeding in front…
FEHA employee protections against adverse attorney fee/cost awards trump CCP 998
Arave v. Merrill Lynch (2018) 19 Cal.App.5th 525 reinforces that in labor law employees have nothing to lose from suing. Plaintiff sued his employer under FEHA and lost. The defendant employer previously served a CCP 998 offer to settle of $100,000…
Attorney Fees Denied to Employee who proved discrimination but did not win any monetary damages
In Bustos v. Global P.E.T. (2018) 19 CA5 th 558 an employee who proved discrimination as a motivating factor due to his disability (carpal tunnel syndrome vs. employer who said it was an economic lay off) lost an award of…
Starting January 1, 2019 Alimony Tax Deduction is Eliminated!
I guess Congress persons do not pay alimony. Part of the Tax Cuts and Jobs Act is that Internal Revenue Code §71 is now eliminated so any divorce alimony agreements made after December 31, 2018 will no longer result on…
Mechanic’s Lien Problems with Multiple Contracts (Civil Code §8186)
Multiple contracts invoke Civil Code §8186 (former §3117) which can be fatal to mechanic’s lien claims. Section 8186 provides when projects are built pursuant to more than one “direct” contract, with each contract covering a particular portion of the work, the…
The down payment made by one co-tenant (co-owner) of Real Property is reimbursable to the person who paid it.
Looking at the CCP about Partition and the equitable powers of the court, the person paying the down payment should be reimbursed what they paid for the down payment before any distribution of the proceeds. In re Marriage of Leversee (1984)…
The Court Loses Jurisdiction to Stay Enforcement of Order After Sheriff Levy) Del Riccio v. Sup. Court
Often after a bank levy or eviction (unlawful detainer) lock out, the defendant files a motion for a stay or to be let back into possession. Code of Civil Procedure § 918 can only “stay the enforcement of an judgment…
To Broke to Arbitrate? No Problem! (Weiler v. Marcus & Millichap)
In Marcus and Millichap Real Estate (April 30, 2018) G053953, a sympathetic Court reversed a ruling so that a once wealthy, but now poor Plaintiff who lost more than $2.8million by the defendants for elder abuse and breach of fiduciary…