Court of Appeal reverses dismissal of a wife’s post-divorce fraud suit over a community property stipulation, holding that her civil complaint was timely under Family Code section 2122 and that the trial court abused its discretion in refusing leave to amend.
Fourth District reverses dismissal of civil fraud lawsuit alleging misrepresentation in connection with marital settlement stipulation, holding that the lawsuit was timely filed and should not have been dismissed under Family Code section 2122 after transfer to family law court.
Fourth District holds that a defendant’s appearance through counsel under Penal Code section 977 satisfies the appearance requirement for bail bond exoneration and that the trial court retained jurisdiction to award extradition costs after conditional exoneration.
Fourth District reverses summary judgment for general contractor in $73 million emissions testing equipment dispute, holding that whether the equipment becomes a fixed part of the structure for purposes of the contractor licensing finished products exemption is a question of fact when supported by conflicting expert testimony.
Fourth District grants writ of mandate striking a $25,000 attorney’s fee condition the trial court had imposed sua sponte on the plaintiff’s leave to amend her complaint, holding that Code of Civil Procedure section 473 does not authorize fee awards as conditions of amendment.
Fourth District grants writ of mandate ordering reconsideration of misdemeanor diversion request in vehicular manslaughter case, holding that the trial court abused its discretion by denying diversion based solely on the inherent elements of the charged offense (negligence causing death) without individualized analysis.
Fourth District grants writ of mandate disqualifying a judge from presiding over a California Racial Justice Act hearing because her prior service as a homicide prosecutor in the same District Attorney’s Office whose charging practices are under review created an appearance of bias.
Fourth District vacates judgment confirming arbitration award and remands for the trial court to determine whether the purported liquidating trustees who brought the action on behalf of an LLC had standing under the company’s operating agreement, holding that jurisdictional standing may be challenged at any time.
Fourth District reverses conviction where the trial court forced the defendant to choose between asserting a valid entrapment defense and admission of decades-old sexual misconduct evidence from his teenage years, holding that the conditioning violated his constitutional right to present a defense.
Fourth District reverses summary judgment for community college district on nursing student’s sexual harassment claims, holding that the student has standing under FEHA, that her detailed pre-litigation letter substantially complied with the Government Claims Act, and that triable issues exist on her Education Code section 66270 deliberate indifference claim.