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28 Nov 2016, 8:48 am by Christopher P. Hahn
The District Court of Appeal of the State of Florida, Fourth District, recently reversed a trial court’s ruling in favor of mortgage loan borrowers based on the mortgagee’s failure to satisfy a condition precedent in paragraph 22 of the mortgage in accepting partial payments after default, holding that the mortgagee substantially complied with the requirements […]Christopher P. [read post]
2 Aug 2016, 7:59 am by Christopher P. Hahn
The District Court of Appeal of the State of Florida, Fourth District, recently reversed the dismissal of a mortgage foreclosure action, holding that the trial court “erred in using the doctrine of unclean hands to dismiss the bank’s foreclosure action. [read post]
18 Apr 2023, 7:27 am by Phil Dixon
The district court granted the motion over the Government’s objection, and the Government appealed. [read post]
6 Mar 2015, 4:00 am by Kimberly A. Kralowec
Superior Court (Edwards), ___ Cal.App.4th ___ (Feb. 27, 2015), the Court of Appeal (Fourth Appellate District, Division One) considered an arbitration clause purporting to bar all class and representative actions, including representative PAGA actions. [read post]
24 Jul 2015, 5:00 am by Kimberly A. Kralowec
Superior Court (Esparza), ___ Cal.App.4th ___ (Jul. 22, 2015), the Court of Appeal (Second Appellate District, Division Four) refused to disturb an order granting class certification of a UCL claim predicated on violations of Labor Code section 226.7, which requires employers to pay premium wages for missed meal periods. [read post]
20 Sep 2006, 11:23 am
The 4th District Court of Appeal, in Basha v. [read post]
11 Feb 2013, 1:47 pm by The Complex Litigator
  In Ayala the Court of Appeal partially reversed a trial court order denying class certification. [read post]
11 Feb 2013, 1:47 pm by The Complex Litigator
  In Ayala the Court of Appeal partially reversed a trial court order denying class certification. [read post]
20 Jan 2023, 2:21 am by Howard Friedman
Lee, (4th Cir., Jan. 17, 2023), the U.S. 4th Circuit Court of Appeals affirmed the dismissal of a Muslim inmate's 1st Amendment Free Exercise claim. [read post]
13 Jun 2007, 5:00 pm
Southern California University for Professional Studies, in which the 4th District Court of Appeal denied the defendant's right to compel arbitration where the plaintiff/putative class representative did not sign an agreement to arbitrate, but other members of the putative class did. [read post]
8 Nov 2020, 6:18 pm by Thaddeus Mason Pope, JD, PhD
While the district court was prepared to stay its order to permit appeal to the U.S. [read post]
21 Oct 2021, 12:36 pm by Phil Dixon
On appeal the second time, the Fourth Circuit again disagreed that the plaintiff failed to show standing but affirmed the district court on state secrets grounds. [read post]
20 Jan 2012, 12:14 pm by Rick Hasen
Agreeing with the Second Circuit and Eighth Circuit (now up on en banc appeal) and disagreeing with the district court in the Danielczyk case (now on appeal to the 4th Circuit), a federal district court in San Diego today had upheld the City of San Diego’s laws banning corporations, labor unions, and other non-individual entities (aside from political parties) from contributing money directly to candidates for City office. [read post]
20 Jun 2023, 12:00 pm by Phil Dixon
The plaintiff appealed, arguing that the district court erred in granting summary judgment to the two other officers and to the city. [read post]
6 Feb 2007, 6:00 am
On the same day that the Supreme Court decided Pioneer Electronics, the Court of Appeal (Second Appellate District, Division Three) handed down First American Title Ins. [read post]
9 Mar 2017, 3:18 pm by Whittel & Melton, LLC
In 2016, the 4th District Court of Appeal had rejected John Goodman appeals of his DUI manslaughter conviction based on questions raised about how blood is drawn and records are kept, but agreed to refer those questions to the Supreme Court. [read post]