Table of Contents LATEST SUMMARIES Class Actions, Government Law, Administrative Law, Civil Procedure
• Cal. Restaurant Management Systems v. City of San Diego
• Ferguson v. Avelo Mortgage, LLC
Sentencing, Criminal Law & Procedure, Evidence, Evidence, Criminal Law & Procedure, Sentencing
• People v. Cordell
Civil Procedure, Contracts, Bankruptcy Law, Property Law & Real Estate
• Hamilton v. Greenwich Investors XXVI, LLC
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LATEST SUMMARIES California Appellate Districts Class Actions, Government Law, Administrative Law, Civil Procedure
Cal. Restaurant Management Systems v. City of San Diego, No. D056695
In a dispute arising from a governmental claim action, Gov. Code section 810 et seq., seeking a refund for excessive charges on defendant's wastewater system management, judgment of the trial court dismissing action as untimely is affirmed because the quitable tolling principles enumerated in American Pipe does not apply to extend the period within which a claim must be filed under the Government Claims Act. Read more...
Ferguson v. Avelo Mortgage, LLC, No. B223447
In an action to quiet title arising from a foreclosure sale, judgment of the trial court dismissing action is affirmed where plaintiff must plead tender of the full amount due on an original purchase loan before seeking to vacate the foreclosure sale. Read more...
Sentencing, Criminal Law & Procedure, Evidence, Evidence, Criminal Law & Procedure, Sentencing
People v. Cordell, No. D056302
Conviction and sentencing of defendant for attempted premeditated murder, assault with a deadly weapon, criminal threats, rape, rape with a foreign object, and fraudulently conveying an access card are affirmed in part as modified and reversed in part where: 1) trial court did not err in refusing to instruct on the defense of mistake of fact on rape charge because there was no substantial evidence of equivocal behavior on the victim's part; but 2) there is insufficient evidence that defendant conveyed an access card within the meaning of the statute under which he was charged. Read more... Civil Procedure, Contracts, Bankruptcy Law, Property Law & Real Estate
Hamilton v. Greenwich Investors XXVI, LLC, No. B224896
In an action for breach of contract and fraud arising from defendant's foreclosure on a mortgage loan, judgment of the trial court dismissing complaint is affirmed where plaintiff's failure to disclose, in earlier bankruptcy proceedings, the existence of his breach of contract and fraud claims against the defendant bars the plaintiff from litigating the claim. Read more...
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