In Von Nothdurft v. Steck, the Court ruled that when a defendant landlord hired the plaintiff to work as a resident manager, and the contract provided he would get free rent while the manager, this was sufficient and the landlord was entitled to a credit or the rental value of the apartment against
Man Who Backs Gambler Is Entitled To Reimbursement
In Kyablue v. Watkins, the Court faced the question whether a plaintiff that advanced money to enable the defendant to pursue career as a professional poker player, in exchange for share of winnings, could enforce the contract. The Court found that it was a legal contract and was not against public
Coito: Supreme Court Clarifies Rule On Attorney Work Product Privileges
In Coito v. Superior Court, the California Supreme Court resolved a long-standing dispute on the protections under the Attorney Work Product doctrine. The Court addressed what work product protection, if any, should be accorded to 1) recordings of witness interviews conducted by investigators
Failure To Pay Arbitration Fees Was A Waiver Of Right To Arbitrate
In Cinel v. Barna, the Court of Appeals ruled that the failure to pay the arbitrator’s fees constitutes a waiver of arbitration. There, numerous parties were ordered to arbitrate by the trial court. The plaintiff paid his portion of the fees, as did two of six defendants. At that point, the
Contract Provision Requiring Mediation Before Recovering Fees Is Upheld
In Cullen v. Corwin, the Court of Appeals ruled that the trial court erred in awarding attorneys’ fees to the prevailing defendants where the parties’ contract provided that such fees were unavailable if the party seeking fees had refused to mediate the dispute. After the lawsuit was filed, the
Arbitrator Can Rule On A Contract Dispute Involving A Non-Licensed Contractor
In Templo Calvario Spanish Assembly of God v. Gardner Construction Corporation, the Court of Appeals held thatthe Contractors’ State License Law does not automatically void all contracts entered by unlicensed contractors, and thus an arbitrator’s ruling involving a contract dispute with a
Are Independent Witness Statements Discoverable By Parties In Litigation?
In 1996, the Third District Court of Appeal in Nacht & Lewis Architects, Inc. v. Superior Court held that statements given by witnesses to an attorney working on a case were not discoverable by the other parties in litigation. The Appellate Court held that the work-product privilege barred
AT&T Mobility, LLC. v. Concepcion: U.S. Supreme Court Makes It Easier For Companies To Take Advantages Of Consumers
Recently, in AT&T Mobility, LLC. v. Concepcion, the United States Supreme Court, in a 5-4 decision, overturned the Ninth Circuit’s ruling that a class action waiver ban was unenforceable under California law. This ruling has significant consequences for many consumers, as well as