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1 Feb, 2007 4:55 am by Michael J. Hassen
... as payments for bogus reinsurance which is purchased from captive insurers operated by the firms sending business to the title insurers." First American Title Ins. Co. v. Superior Court, ___ Cal.App.4th ___, 2007 WL 184598 (Cal. ... 's analysis, leading the appellate court to conclude that plaintiff "had apparently appointed himself enforcement officer for the California Department of Insurance settlement agreement" even though he was "an acknowledged stranger to that agreement did not restrain his ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
27 Feb, 2007 6:00 am by Kimberly A. Kralowec
I was taking another look at First American Title Insurance Co. v. Superior Court (Sjobring), ___ Cal.App.4th ___ (Jan. 25, 2006) (see my original post here), and came across this paragraph: California law is clear that a representative plaintiff must be a member of the class he seeks to represent. Indeed, ... of Civil Procedure section 128.7, but Proposition 64 is not implicated. The First American Title case bears this out. In that case, the plaintiff pleaded causes of action for violation of ...
Tags: actions, class
The UCL Practitioner - http://www.uclpractitioner.com/
9 Apr, 2008 5:18 am by Michael J. Hassen
... the parties under the circumstances." Defense attorneys opposed the precertification discovery sought arguing that under First American Title Ins. Co. v. Superior Court, 146 Cal.App.4th 1564 (Cal.App. 2007), ... precertification discovery by a plaintiff that was never a member of the putative class. Parris is thus consistent with the general rule in California that precertification discovery for the purpose of finding a substitute plaintiff is unavailable if the original named plaintiffs never had ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
28 Feb 9:01 am by Legal Staff
... whether or not you have insurance. The failure to provide the peace officer with proof of insurance upon request is an infraction, the first violation of which can result in a fine of from $100 to $250. Subsequent convictions within three years of the original ... is a dealer, bank, credit union, acceptance corporation or other licensed financial institution legally operating in California. The lender (legal owner) may not release the vehicle to the registered owner unless and until the registered ...
San Francisco Accident Attorneys - http://www.sanfrancisco-injuryattorney.com/blog
6 Feb, 2008 11:39 am by James Peters
... but the blawgosphere as a whole. However, I just received this update to the story. Sam Zell, the head of Tribune Co., met with his employees/journalists last week at the Orlando Sentinel, one of the newspapers covered by his idiotic/inspiring ... Series "Mind-Numbing Lawyer Gobbledygook" Overrated? Our Gobbledygood vs. Their Gobbledygook First Tribune Handbook Violator: Its Creator Tags California Employment Law | Employee Handbooks | News | Policy : Opinion | Retaliation Related Posts California ...
California Employee Rights Blog - http://www.calemployeerightsblog.com
23 May, 2008 1:30 am
By James Kachmar On March 5, 2008, the United States District Court for the Northern District of California ("District Court") in First Advantage Background Services Corp. v. PrivateEyes, Inc., ("First Advantage") found, inter alia, ... 's motion to dismiss PrivateEyes' fifth cause of action: intentional interference with prospective economic advantage. Citing Korea Supply Co. v. Lockheed Martin Corp., the District Court noted that PrivateEyes would need to satisfy the following elements in order to ...
IP Law Blog - http://www.theiplawblog.com/
10 Mar 2:03 pm
... the case entitled: State of California v. Allstate Insurance Co. Let's do a little bit to set the stage first. The State of California made a $500 million claim ... holding partially for the insurers and partially for the State. Here's the scorecard: The "Relevant Discharge" First, we have a general liability policy that contained a "sudden and accidental pollution ... .App.4th 1300 (2001), and Lockheed Martin Corp. v. Continental Ins. Co., 134 Cal.App.4th 187 (2005), to the extent they held the insured ...
May it Please the Court - http://www.mayitpleasethecourt.com/
30 Jul, 2008 9:32 pm by Max Schwartz
... throughout the upcoming term. Background 1. AT&T and its affiliates dominate the California market for wholesale DSL services. It also sells retail DSL services directly ... /retailer has no antitrust duty to sell its product or services to its retail competitors in the first place. (The key phrase is "antitrust duty," since AT&T clearly had ... Opposing Solicitor General's Brief in Pacific Bell Telephone Co.,dba AT&T California v. linkLine Communications (07-512) In an unusual move, the FTC ...
SCOTUSblog - http://www.scotusblog.com/wp/
24 Oct, 2008 1:39 am by Keith Rizzardi
... and also likely will lead to practical difficulties and confusion in implementing instream flow requirements in the future. First, as the dissenting opinion pointedly notes, the majority opinion inappropriately elevates form over substance by creating an ... 's natural flow under a public program to promote the common good." Id. at 9. Moreover, under California law, it is the holder of the appropriative water rights -- in this case, Casitas -- that actually physically controls water right diversions, ...
ESA blawg - http://www.esablawg.com/esalaw/ESBlawg.nsf
30 Oct, 2007 3:01 am
... many resources available: one law firm published the "Helping Handbook - For Individuals and Small Businesses Affected By The 2007 Southern California Wildfires." Over 40 government agencies are available at the evacuation centers open around the area. You can see the ... not surprising when confronted with these scenarios that people next think of contacting a lawyer. Then there are the arsonists and California's victim restitution plan. We've experienced $1 billion in losses, so there's no hope ...
May it Please the Court - http://www.mayitpleasethecourt.com/
22 Nov, 2008 4:10 pm by sisselnor
1 Filed 11/21/08 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE MICHAEL MORALES et al., Plaintiffs and ... shall do so expressly.' (Gov. Code, § 11346, subd. (a); [citations].)" (Morning Star Co. v. State Bd. of Equalization (2006) 38 Cal.4th 324, 333 (Morning ... in Evans, as here, was whether the protocols were subject to the MAPA. (Evans, at p. 346.) Title 10, subtitle 1 of the State [of Maryland] Government Article section 10-101(g ...
Lethal Injection - http://lethal-injection-florida.blogspot.com/index.html
21 Sep 4:01 pm by Richard A. Rogan
... waive the security and just file suit against the borrower. Instead, one of the aspects of California's "one form of action" rule is that the lender must first collect the value of the security by foreclosing its deed of trust. The one form of action rule is ... and cuts off the borrower's right of redemption. This means that as soon as the sale is over, a third party buyer has title free and clear of all the liens against the property that were junior to the deed of trust that was foreclosed. The ...
Special Assets Lawyer Blog - http://www.specialassetslawyer.com/
20 Feb, 2007 5:35 am by A. Benjamin Spencer
... , 1044-46 (D.Nev.2000) (same), and Transp. Indem. v. Fin. Trust Co., 339 F.Supp. 405, 406-07 (C.D.Cal.1972) (same), ... Wash.2000) (applying last-served rule). Indeed, even judges within the Northern District of California have not agreed upon the proper approach. Compare Varney v. Johns-Manville Corp., ... discern a preferred approach to this issue among the courts that have addressed it. Several courts have described the "first-served rule" as the "majority rule." See McAnally, 107 F.Supp.2d at 1227; ...
Split Circuits - http://splitcircuits.blogspot.com
21 Feb, 2007 10:51 pm by A. Benjamin Spencer
... , 1044-46 (D.Nev.2000) (same), and Transp. Indem. v. Fin. Trust Co., 339 F.Supp. 405, 406-07 (C.D.Cal.1972) (same), ... Wash.2000) (applying last-served rule). Indeed, even judges within the Northern District of California have not agreed upon the proper approach. Compare Varney v. Johns-Manville Corp., ... discern a preferred approach to this issue among the courts that have addressed it. Several courts have described the "first-served rule" as the "majority rule." See McAnally, 107 F.Supp.2d at 1227; ...
Federal Civil Practice Bulletin - http://federalcivilpracticebulletin.blogspot.com
6 Mar 7:03 am
... companies decide to collude rather than compete."[i] Watson was filed in the United States District Court for the Central District of California and alleges violations of Sections 1 and 2 of the Sherman Act, Section 5(a) of the ... the opportunity to purchase lower-cost generic versions of AndroGel, at a cost of hundreds of millions of dollars a year. This not the first time the FTC has challenged reverse payment settlements as anticompetitive. In 2001, the FTC issued an administrative complaint ...
Antitrust Law Blog - http://www.antitrustlawblog.com/
12 Sep, 2008 5:06 pm
Image via Wikipedia California Attorney General Edmund G. Brown Jr. today announced a $7.5million settlement with financial-services firm Edward Jones & Co. for the company's failure to inform its customers of its ... of interests can actually make the situation even worse! Robin Hanson, at Overcoming Bias, describes the experiment on conflict of interest. "In the first condition, in which the advisers did not disclose their conflict of interest, they knowingly gave misleading advice. In the ...
Tags: Would, You, Play
Psychology of Compliance & Due Diligence Law - http://www.bizop.ca/blog2/
18 Nov, 2007 6:54 pm by rht
... is a quiet title action, normally a sort of ho-hum affair long on detail, but short of broad interest. The decision, however, is notable for a couple of reasons. The first deals is the ... and that they were entitled to a one-half interest because their predecessors were co-grantees during the 1848 land division (Great Mahele). The other side asserted that ... the Mahele, and subsequently confirmed by Royal Patent. Cf. Summa Corp. v. California, 466 U.S. 198 (1984), in which the U.S. Supreme Court held ...
inversecondemnation.com - http://www.inversecondemnation.com/inversecondemnation/
16 Jan, 2008 2:18 am by David Elliot
... work and abolition work. The job title she holds today - Death Penalty Policy Director for the ACLU of Northern California - is a natural progression from the years she spent in ... all sorts of cases - misdemeanor, felony and juvenile. While a student at Stanford Law School, Minsker first landed a job in the public defender's office. "The very ... knows she has her work cut out for her. She responds to California's unique situation by adopting a multi-disciplinary approach - working toward abolition ...
Abolish the Death Penalty - http://deathpenaltyusa.blogspot.com/index.html
14 Apr 6:16 pm by Keith Rizzardi
... summary judgment on Counts II through IV, VII and VIII of their first amended complaint, arguing that the Environmental Impact Statement violates the National Environmental Policy Act ... future suits on the merits of the same claim. See Payne v. Panama Canal Co., 607 F.2d 155, 158 (5th Cir. 1979) (holding that "e ... et seq., "in the Santa Barbara Channel and other shipping lanes off the California coast .... will not jeopardize the continued existence of threatened and endangered species."... Under ...
ESA blawg - http://www.esablawg.com/esalaw/ESBlawg.nsf
22 Nov, 2007 11:32 am
Every now and then I receive calls from clients where the resolution of their problem would at first appear to be a trip to probate court, but sometimes has a twist that takes me to the world of civil litigation. In this case, ... and me and he does not want to sell it. Oh ..... So being much wiser now, I asked how is title to the residence held... my client said that it was held as tenants in common (California Civil Code §686) with her brother. The solution: I recommended that my client consider a ...
California Estate Lawyer Blog - http://www.californiaestatelawyerblog.com/
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