California law precludes actions by unlicensed contractors to recover payment for services as a contractor. In Ball v. Steadfast-BLK, the California Court of Appeal ruled that the law did not prevent recovery by contractor who, while licensed as a sole proprietor, entered into a contract under an unregistered false business name. Mr. Ball was a… read more
Federal law generally permits a plaintiff who successfully pursues a civil rights claim to recover his or her attorneys’ fees. A successful defendant, however, is typically only entitled to recover its attorneys’ fees if the complainant claims are determined to be absurd. In this context, “frivolous” means without legal or factual basis. A claim that… read more
A residential borrower who relies on a lender’s promise to negotiate a loan modification may have a claim against the lender if the lender breaches that promise. In a recent case before the California Court of Appeal, Aceves v. U.S. Bank, the plaintiff homeowner alleged that she filed a petition in bankruptcy to avoid foreclosure… read more
Clarendon America Insurance Company v. North American Capacity Insurance Company 10 C.D.O.S. 8742 (4th District Court of Appeal) The policy holder, a developer/general contractor in the construction of a residential development in Victorville, California, was insured by Clarendon America Insurance Company (Clarendon) and North American Capacity Insurance Company (NAC) under separate and consecutive general liability… read more
Over the past 20 years, approximately half of the states have recognized a cause of action for tortious interference with an expected inheritance. California has not. In Munn v. Briggs, the California Court of Appeal declined to recognize the claim where California probate law provided a remedy to the party seeking to assert the claim.
California law permits parties to waive their right to jury trial and to resolve their disputes by binding arbitration. However, such a waiver must be contained in an agreement providing actual notice to all parties. In Villa Vecenza Homeowners Association v. Nobel Court Development, LLC, the California Court of Appeal held that covenants, conditions, and… read more
When more than one party is liable for injury to a third party, California law permits a responsible party who has paid the injured third party to obtain partial reimbursement from the other liable parties through equitable indemnity. A claim for equitable indemnity does not exist until one of the responsible parties makes payment on… read more
In a recent decision, the California Court of Appeal ruled that a homeowner hosting a party is not liable if a party guest is injured by unknown assailants. In Melton v. Boustred, the host used a social networking website to advertise a party involving two staples of such events: music and alcohol. When the three… read more
Mediation can save you time and money and can bring about a quick solution to a legal problem.