Secondary practice area
California Court of Appeal reverses summary judgment for the Franchise Tax Board, holding that a Texas-based radiologist working remotely as a sole proprietor for one California company is not a ‘unitary business’ under regulation 17951-4(c).
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.
Second District reverses summary judgment for malicious prosecution defendant, holding that an English-language declaration purportedly reflecting the words of a witness who could not read or speak English is not competent evidence without attestation from a qualified interpreter or translator.
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.
First District affirms a $41,580 attorney’s fee award and imposes sanctions for a frivolous appeal where a self-represented litigant attempted to use a second appeal to attack the underlying anti-SLAPP ruling already affirmed in a prior appeal.
First District affirms set-aside of default divorce judgment that awarded specific property division beyond what the petition disclosed and was obtained partly through off-the-record communications with the trial judge, applying both Code of Civil Procedure section 580 and Family Code sections 2121 and 2122.
Second District holds that the seal on a California False Claims Act qui tam complaint lifts automatically after the statutory 60-day period absent a government request for extension, and that any seal violations are not grounds for sustaining a demurrer.
Fourth District holds that a guarantor’s procedural dismissal of an arbitration confirmation petition for lack of personal jurisdiction did not make him the prevailing party on the contract for attorney fees but did entitle him to costs.
Los Angeles Appellate Division holds that noncompliance with Civil Code section 1962 is an affirmative defense for which the tenant bears the burden of proof in a residential unlawful detainer action.