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State Courts -
California - February 5, 2010
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Graffiti Protective Coatings, Inc. v. City of Pico Rivera, B213322,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, February 5, 2010, Filed
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Overview: Judgment and order granting city's anti-SLAPP motion were reversed. Even if plaintiff's claims against city, which awarded a contract to one of plaintiff's competitors without inviting competitive bids, involved a public issue, they were not based on any statement, writing, or conduct by city in furtherance of its free speech and petition rights.
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Jankey v. Song Koo Lee, A123006,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, February 5, 2010, Filed
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Overview: In a disability access action, the trial court properly awarded attorney fees to the prevailing defendant without a finding that the action was frivolous because the mandatory fee provision in Civ. Code, ? 55, was not preempted by the discretionary attorney fee provision of the Americans with Disabilities Act of 1990, 42 U.S.C. ? 12101 et seq.
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Koehler v. Superior Court, A125012,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, February 5, 2010, Filed
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Overview: Indirect contempt proceeding under Code Civ. Proc., ? 1219, subd. (a), was improper and violated due process because there was no initiating affidavit under Code Civ. Proc., ? 1211; the citation was not served personally; the order and judgment failed to set forth evidentiary facts; and imposition of multiple punishments violated Pen. Code, ? 654.
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Sharabianlou v. Karp, A120940, A122167, A122548,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, February 5, 2010, Filed
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Overview: Trial court exceeded its authority under Civ. Code, ? 1692, to adjust equities when it awarded damages that gave sellers the benefits they would have gained if a rescinded real estate contract had been fully performed; benefit of the bargain damages went beyond restoring the parties to their former positions and were inconsistent with rescission.
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Villano v. Waterman Convalescent Hospital, Inc., E045796,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, February 5, 2010, Filed
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Overview: In an elder abuse case, a stipulated judgment entered against a patient on all of her causes of action against a hospital was appealable. However, the patient could not show that the trial court's assertedly erroneous pretrial rulings were prejudicial. Even in the absence of the asserted errors, the patient might have lost.
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