Table of Contents LATEST SUMMARIES Civil Procedure, Injury & Tort Law, Evidence
• Puerta v. Torres
Attorney's Fees, Property Law & Real Estate, Civil Procedure, Professional Malpractice, Remedies
• Simke, Chodos, Silberfeld and Anteau, Inc. v. Athans
Criminal Law & Procedure, Sentencing, Juvenile Law
• In re Daniel C.
Corporation & Enterprise Law
• Hill v. Roll International Corp.
Criminal Law & Procedure, Sentencing
• People v. Holmberg
Injury & Tort Law, Civil Procedure, Government Law, Health Law
• DiCampli-Mintz v. Santa Clara County
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LATEST SUMMARIES California Appellate Districts Civil Procedure, Injury & Tort Law, Evidence
Puerta v. Torres, No. G043745
In an injury and tort action arising from an automobile accident, judgment of the trial court is affirmed in part and reversed in part where: 1) court improperly awarded defendant costs, under Code of Civil Procedure sections 998 and 1033.5, since defendant's offer failed to comply with the statute, which requires the offer to include a provision that allows the accepting party to indicate acceptance of the offer by signing a statement that the offer is accepted; but 2) plaintiff's evidentiary and procedural challenges are without merit. Read more... Attorney's Fees, Property Law & Real Estate, Civil Procedure, Professional Malpractice, Remedies
Simke, Chodos, Silberfeld and Anteau, Inc. v. Athans, No. B222175
In a dispute arising from an action for breach of a contingency fee agreement, judgment of the trial court awarding attorney fees after entry of a default judgment for discovery violations is affirmed because a complaint does not have to specify, by dollar amount, the attorney fees that will be incurred and sought in a case ultimately resolved by a default judgment entered as a discovery sanction. Read more...
Criminal Law & Procedure, Sentencing, Juvenile Law
In re Daniel C., No. A129408
In a dispute arising from the declaration of appellant as a ward of the juvenile court based on findings that he had committed a robbery with a gang enhancement, judgment of the trial court is affirmed in part and reversed in part where gang enhancement is not supported by substantial evidence that appellant committed his crime with the specific intent to promote, further, or assist in criminal conduct by gang members. Read more... Corporation & Enterprise Law
Hill v. Roll International Corp., No. A128698
In an action for Unfair Competition, False Advertising, common law fraud and unjust enrichment, judgment of the trial court dismissing action is affirmed where plaintiff's amended complaint failed to state a cause of action, Code Civ. Pro. section 430.10 (e). Read more... Criminal Law & Procedure, Sentencing
People v. Holmberg, No. H035523
Conviction and sentencing of defendant on charges relating to receipt of stolen property are affirmed as modified because restitution to victim resulting from third-party's burglary was properly awarded, and where only a one $20 item on the restitution award list is not supported by substantial evidence. Read more... Injury & Tort Law, Civil Procedure, Government Law, Health Law
DiCampli-Mintz v. Santa Clara County, No. H034160
In a dispute arising from an action for medical negligence, summary judgment in favor of defendant on the basis of a delivery of a notice of claim defect is reversed, because the delivery of a pre-suit government claim to a department of the target entity charged with defending or managing claims against that entity may constitute substantial compliance with the claims requirement, so long as the purposes of the act are satisfied and no prejudice is suffered by the defendant. Read more...
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