California Real Estate Law
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California Real Estate Law
Legal Issues Involving California Real Estate
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Statute Says It’s Illegal To Sell Foie Gras, So Chef Gave It Away.

Foie gras is considered by some to be a food delicacy; it is made from the liver of a duck fattened by the use of force feedings. In 2004, after animal rights groups argued the production of foie gras involved cruelty to animals, the California Legis...
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Summary Judgment Reversed Because There Is A Potential For Coverage Under Umbrella Policy.

When she was 17 years old, plaintiff was invited to a party by several members of a college baseball team. She claims that upon her arrival, she was given shots of hard liquor in quick succession, and later was assaulted by an unknown number of men a...
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Standard Of Review Can Make All The Difference With A Necessary Party.

The trial court dismissed a real property action for failure to join an indispensible party, the entity that performed all the allegedly defective engineering services, the Natural Resource Conservation Service [NRCS], a division of the United States...
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Denial Of Asylum In The U.S.

To establish eligibility for asylum in the United States, a petitioner must prove that he or she is unable or unwilling to return to his or her country of origin because of persecution or a well-founded fear “on account of race, religion, nationali...
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Private Attorney General Act ("PAGA") Claims Stayed Until Arbitration Of Other Claims Completed.

This is a wage and hour case containing a cause of action alleging plaintiff is suing in his representation capacity under the Labor Code’s Private Attorney General Act of 2004 [Labor Code sections 2698-2699.5; PAGA]. In Iskanian v. CLS Transportat...
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Just Because You Sit On A State Board Doesn’t Mean You Enjoy Immunity From Antitrust Laws.

North Carolina’s Dental Practice Act provides that the state’s Board of Dental Examiners is “the agency of the State for the regulation of the practice of dentistry,” and it principal duty is to oversee the licensing of dentists. The Board is...
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Tell Me Again Why I Removed The Case To Federal Court?

This disability discrimination action, brought under California’s Fair Employment and Housing Act [FEHA], was initially filed in state court and removed to federal court by the defendant employer. Plaintiff’s claim is that his employer discrimina...
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Pyrrhic Victory Against Nursing Facility.

In a wrongful death action against a skilled nursing facility, the jury found for the facility with regard to the health care issues. But the jury found for the daughter of the deceased on a health care records issues. It found the facility did not p...
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Lanham Act Violated In Intellectual Property Case.

Plaintiffs are the children of celebrity Bob Marley who formed an entity to exploit the assets, rights and commercial interests of the now deceased Marley. Defendants purchased photographs of Marley from a photographer and produced Bob Marley T-shirt...
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Don’t Move Into A Home With A Homeowners Association, If You Don’t Like To Be Told What You Can Or Cannot Do.

A homeowners association [HOA] asked the court to issue a preliminary injunction requiring a homeowner to remedy an unauthorized modification to the flooring in his upstairs condominium unit to reduce the transmission of noise to the unit below. Defe...
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Second Place Bidder States Cause Of Action For Intentional Interference With Prospective Economic Advantage.

Two companies sued defendant for intentional interference with prospective economic advantage, alleging defendant submitted lowest bids by paying workers less than the statutorily required prevailing wage as required by Labor Code sections 1770 and 1...
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Posttrial Award Of Expert Fees Under Civ.Proc. § 998.

Prior to trial, and pursuant to Code of Civil Procedure section 998, plaintiff offered to allow judgment to be entered in its favor and against defendant for $665,818. Defendant did not respond to the offer and plaintiff recovered $945,947 at trial....
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Previously we reported: After-Acquired Evidence Docrine Inapplicable.

Plaintiff, an African American, twice applied to become a union organizer, but both times the position was filled by white men. He filed a discrimination complaint with the Department of Fair Employment and Housing, and received a right to sue letter...
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Private Prescriptive Easement Found.

Neighbors claim a prescriptive easement over land owned by a man who purchased his property and blocked the entrance to a drive which had been used as access to the neighbor’s property.  The trial court found the neighbors had satisfied their burd...
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No Coverage For Frozen Ground Beef.

After a food company’s frozen ground beef was ordered recalled by the Department of Agriculture [USDA], the food company made a claim under its Contamination Products Insurance policy issued by defendant insurers. Coverage was denied on various gro...
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Blanket Enforcement Of Jessica’s Law Hampers Supervision Of Sex Offenders.

Proposition 83, the Sexual Predator Punishment and Control Act aka Jessica’s Law, was passed by the voters in 2006. Jessica’s Law sought to “prevent sex offenders from living near where our children learn and play” by creating “predator fre...
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Attorney Disqualification.

In a writ proceeding, one party petitioned for extraordinary relief after the trial court denied its motion to disqualify the law firm representing the other side. The law firm previously represented another law firm in an attorney fee dispute, and i...
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Real Estate Agents’ Agreement To Share Commissions.

The allegations are that two licensed real estate salespersons agreed to share commissions earned by either of them on certain sales of real property. One sued the other for breaching that agreement, and the trial court sustained the defendant’s de...
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Previously we reported: CHP Not A Special Employer Of Freeway Tow Truck Driver.

A tow truck driver who contracted with a county, part of the California Highway Patrol Freeway Service Patrol [FSP program], collided with a car, injuring the driver and her infant son. The CHP moved for summary judgment in the subsequent lawsuit on ...
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Attorney Fees Awarded To Injured Plaintiff.

Plaintiff, an occupant of a mobile home, fell while walking across the common area of the mobile home park. A jury awarded plaintiff $311,899.67 to compensate him for his injuries. Following trial, plaintiff moved for an award of attorney fees under ...
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But I Don’t Like Sports.

Cable television subscribers brought a class action for unfair competition based on rate hikes for carrying channels that broadcast Dodgers and Lakers games. In 2011, a cable television company paid the Lakers $3 billion for licensing rights to telev...
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Don’t Move Into A Home With A Homeowners Association, If You Don’t Like To Be Told What You Can Or Cannot Do.

A homeowners association [HOA] asked the court to issue a preliminary injunction requiring a homeowner to remedy an unauthorized modification to the flooring in his upstairs condominium unit to reduce the transmission of noise to the unit below. Defe...
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Motion To Be Relieved From Dismissal Entered As Terminating Sanction.

Plaintiff failed to respond to discovery requests, and was ordered by the trial court to respond.  When she did not, the trial court dismissed her complaint as a terminating sanction. Later, she moved pursuant to Code of Civil Procedure section 473(...
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Doctor’s Opinion Not Speculative.

A jury found a medical center failed to timely diagnose breast cancer in plaintiffs’ family member, resulting in her death in 2010. Plaintiffs’ expert testified that to a reasonable degree of medical probability, decedent would have survived ten ...
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Health Club Release From Liability In Plaintiff’s Membership Agreement Valid.

A clip failed on a rowing machine at a 24 Hour Fitness, resulting in severe injury to plaintiff. Plaintiff had signed a release, agreeing the facility was not responsible for injuries, even if they occurred as a result of its own negligence. The tria...
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