bank-foreclosed-homes-for-sale-thumb-250x167-31490

Homeowners’ payment alone under HAMP loan work-out plan does not save home from foreclosure

Posted by Steven Vartabedian on

During these times of “underwater” home mortgages, many homeowners have enlisted in the federal Home Affordable Mortgage Program (HAMP). In Nungaray v. Litton Loan Servicing, LP (filed November 22, 2011) 2011 DJDAR 16868, plaintiffs executed a “loan work-out plan” for the lender’s review. Under HAMP, the lender accepts reduced mortgage payments as provided for in […]

Continue to Article »
arbitration -thumb-250x166-31074

Parties wishing to enforce arbitration clause must take care not to forfeit right

Posted by Steven Vartabedian on

El Cajon Motors Inc. was sued by one of its customers, Yaube Roberts, acting for herself and the class of other customers, for El Cajon’s allegedly backdating installment purchase contracts, failing to properly disclose finance charges, and charging illegal interest. El Cajon answered the complaint in mid-August 2009 with a general denial and 24 affirmative […]

Continue to Article »

Gratuitously written off medical bills are recoverable as special damages under collateral source rule

Posted by Steven Vartabedian on

As discussed in the August 23, 2011 blog, the California Supreme Court in Howell v. Hamilton Meats & Provisions, Inc. 92011) 52 Cal.4th 541, held that a plaintiff may not recover for reasonably incurred medical billings to the extent they are discounted under a plaintiff’s private insurer’s contract with the medical provider. In dicta, the […]

Continue to Article »

Evidence extrinsic to the parties’ contract is admissible to prove false advertising

Posted by Steven Vartabedian on

In Duncan v. The McCaffrey Group, Inc. (filed October 28, 2011) 2011 DJDAR 15875, plaintiffs bought from defendants residential lots in a tract marketed as Treviso Custom Home Development. Plaintiffs claim they bought in the development, paying premium prices, because of its marketing as an exclusively custom home development; instead, defendants, unbeknownst to plaintiffs, intended […]

Continue to Article »

Employee’s attorney fees in successfully defending action brought by employer not recoverable under statutory indemnity

Posted by Steven Vartabedian on

California Labor Code section 2802, subdivision (a), requires that an employer “indemnify” an employee for all necessary costs incurred as a direct consequence of the employee’s discharge of employment duties. Does the employer’s duty to indemnify include attorney fees incurred in defending an action brought by the employer, or only in an action instituted by […]

Continue to Article »
reporting-thumb-250x187-28958

Even if broadcast news program presents slanted reporting lacking in research, libel is not proven

Posted by Steven Vartabedian on

In Yuin University v. Korean Broadcast System (filed October 5, 2011) 2011 DJDAR 15039, the defendant had broadcast in its Sunday news program a segment called “Degree Factory Confers Doctoral Degrees Even to Persons who Plagiarize.” Reporters had visited the university and found the school to be vacant, a professor/graduate had commented that he only […]

Continue to Article »

E.coli outbreak not an insured event for faultless marketer who sustains consequential losses

Posted by Steven Vartabedian on

There are few consumer warnings that strike more fear in the public’s mind than the announcement of an E. coli outbreak. The potential consequence of eating a seemingly wholesome yet contaminated food item is deadly. No less fearful of such an announcement are marketers of the produce in question. Even if an investigation into the […]

Continue to Article »

Claims of medical malpractice and negligent equipment maintenance involve separate acts making latter actionable even where former dismissed

Posted by Steven Vartabedian on

“If at first you don’t succeed, try try again.” This familiar saying first appeared in the 19th century writings of American educator Thomas H. Palmer to encourage school children to do their homework. In Johnson v. Chiu (filed September 29, 2011) 2011 DJDAR 14825, both sides take this maxim literally. Plaintiff Johnson went to defendant […]

Continue to Article »
sneezing-thumb-250x250-27631

Allergic reaction to product does not establish triable issue of liability

Posted by Steven Vartabedian on

In Hennigan v. White (California Court of Appeal, Third Appellate District, filed September 20, 2011) 2011 DJDAR 14269, plaintiff went to defendant’s business, a day spa, to have permanent cosmetics injected into her eyelids and eyebrows. After the initial injections of pigment, plaintiff received a touch-up performed about 2 months later. One month after the […]

Continue to Article »
divorce-money-thumb-250x186-26991

If value of community assets is shown, managing spouse must prove proper disposition or lesser value

Posted by Steven Vartabedian on

“It’s the bad economy” has become the all-too-frequent, yet mostly accurate, cry heard when a party is called upon to explain the decrease, or even total loss, in value of a disputed asset. In litigation over community assets in a marital dissolution, this explanation may not suffice, as is emphasized in the recent California Court […]

Continue to Article »