More on the question of whether an order is appealable: discovery sanctions and defaults

Posted by Steven Vartabedian on

In my June 2 blog article I discussed some general rules concerning whether a judgment is appealable. Today, the focus is on these two specific types of orders that have some tricky applications. The majority view is that discovery sanctions, regardless of amount, are not directly appealable, but are reviewable only on appeal after final […]

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Tort Claim Is Actionable As Plaintiff May Recover Damages for Reasonable Treatment of Pet Even If Animal Has No Market Value

Posted by Steven Vartabedian on

Recently, the issue of awardability of claimed medical damages against tortfeasors has been a hot appellate topic. The California Supreme Court currently has under submission the case of Howell v. Hamilton Meats concerning medical expenses incurred yet paid to the provider in a lesser sum due to downwardly negotiated collateral medical insurance benefits. (See March […]

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“Green” Labeling Does Not Mislead Reasonable Consumer to Believe Company’s Product is Environmentally Superior

Posted by Steven Vartabedian on

Protecting the environment has become a noteworthy objective for conscientious consumers. Not surprisingly, commercial producers have tapped into this market in labeling products. What does such labeling actually tell a consumer about the product? One such consumer, Ayana Hill, thought the green drop on the label of Fiji bottled water meant the product was “environmentally […]

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Loss of Consortium Need Not Be Complete Nor Must Spouse’s Injury Hurt Relationship To be Compensable

Posted by Steven Vartabedian on

Television trial dramas tend to give us the impression that the verdict in a particular case will turn on a witness blurting out an admission to a magically determinative inquiry. However the real-life experience of most trial attorneys is that a trial consists more of a mosaic of evidence from which the fact-finder endeavors to […]

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Uniform Payment for Each Car Sold Constitutes “Commission” in Determining Car- Dealer Employee is Exempt from Overtime Pay

Posted by Steven Vartabedian on

CarMax instituted a pay plan for its sales consultants designed to avoid an incentive for salespersons to push customers to higher-priced vehicles. Rather than include in the salesperson’s compensation package a percentage of the person’s total dollars of sales, it would pay the employee a fixed payment for each vehicle sold. California Labor Code section […]

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How Does One Determine Whether a Court Order or Judgment Is Appealable?

Posted by Steven Vartabedian on

California Code of Civil Procedure section 904.1 provides the basic rules of what constitutes an appealable order. In this blog article, I wish to discuss some of the subtleties in making that determination. Often attorneys attempt to appeal a case that gets dismissed as taken from a nonappealable judgment because of violation of the “One […]

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No Contractual Right to Attorney Fees for Parties’ Self-Provided Legal Services

Posted by Steven Vartabedian on

Today, I will continue on the subject of attorney fees. This blog article and the next one will discuss recoverability of attorney fees: May attorneys representing themselves recover contractual attorney fees? Licensed attorneys Linda and Thomas Richards, as owners of a lodge, were sued for the solo-car traffic death of a patron of the lodge’s […]

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Attorney Contracted on Contingency Fee May Not Recover for Client’s Refusal to Proceed to Trial

Posted by Ronald Henderson on

Lemmer v. Charney (Filed May 5, 2011) 2011 DJDAR 6494 involved an attorney suing his former client for fraud and intentional interference with prospective advantage. The claim was based on the attorney’s detrimental reliance on the client’s fraudulent promise that the case would go to trial or settlement in exchange for the attorney agreeing to […]

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