Superior Court of Los Angeles County (California) |
Procedural Posture: job description template
Defendants, a contractor and his sureties, sought review of a decision from the Superior Court of Los Angeles County (California), which entered judgment in favor of plaintiff property owner in the owner's action to recover damages for the contractor's delay in the completion of a building and compensation for attorney's fees incurred in defending actions brought to foreclose liens.
Overview
The owner entered into a contract with the contractor for the construction of a building on his property. The contractor and his sureties executed a bond to the owner that released the owner from all liens that might accrue from the performance of the contract. The contractor did not finish the contract and owner brought an action to recover for the damages that resulted in the delay in completion of the building and for attorney's fees that accrued in defending foreclosure of liens. Judgment was entered in favor of the owner. On appeal, the court stated that the evidence sustained the trial court's finding that the owner was the owner of the land. The defendants were further estopped from denying the owner's ownership of the property because the owner entered into the contract as owner, expended his money as owner for the building, and the giving of the bond was part of the inducement for him entering into the contract. There was nothing in the facts shown which operated to have exonerated the sureties from the obligations of their bond. The amount paid the attorneys for their services was a direct proximate damage that resulted from the contractor's breach of his contract.
Outcome
The court affirmed the trial court's judgment.
Procedural Posture
Plaintiff purchaser appealed from the judgment of the Superior Court of San Luis Obispo County (California), which dismissed on statute of frauds grounds the purchaser's complaint alleging breach of contract by defendants, partnership, corporation, and individual.
Overview
The purchaser alleged that it entered into an oral agreement with the individual, as the representative for the partnership and the corporation, for the purchase of almonds. The purchaser further alleged that it had made similar purchases for a period of two years prior to the transaction in question. Although the purchaser mailed a confirmation, defendants failed to recognize the agreement, repudiated the oral contract, and refused to deliver the almonds. In dismissing the complaint, the trial court found that the value of the almonds was more than $ 500 and no memorandum of the alleged sale was signed by any of the defendants. Under the statute of frauds, Cal. Civ. Code § 1724(1), the contract was unenforceable. The court affirmed. The amended complaint did not allege sufficient facts to show that defendants waived their rights under the provisions of the statute of frauds or to show that they were estopped to rely on those provisions. In dismissing the amended complaint, the trial court properly considered the written confirmation that the purchase had set out in the original complaint. The "confirmation" was simply an order that was not accepted by defendants.
Outcome
The court affirmed the dismissal of the purchaser's complaint alleging breach of contract by defendants.
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Marrakech sights - 10 things you should do |
We're going to Marrakech!" That sounds so damn oriental and ... it is! This city formed the start and end of our great tour through Morocco. Find out here our tips and Marrakech sights that you should include in your planning!
The city of Marrakech has experienced a real tourism boom in recent years, and not without good reason. The Moroccan city with its oriental flair and the confusing old town - the famous medina - is only 3-5 hours by plane from Germany.
More and more travel enthusiasts are interested in the culture of Morocco, are looking for the contrast between modern and ancient or love the abundance of Instagram spots. Viajes al Desierto Marruecos
The food of the Moroccans is really a dream! We looked forward to the tagines, the tea and the orange juice every day.
Palaces, parks, squares, Koran schools and much more are among the sights of Marrakech. And everything is relatively close together! You can reach most of the spots on foot, so that a long weekend is a good idea to explore.
They're twisted, my god they're twisted. The old town, the medina of Marrakech has it all. It's huge, built like a maze and everything looks somehow the same.
From the Djemaa el Fna there are several alleys that lead you into countless small markets. From leather to lamps, argan oil to jewelry and shoes, everything you could hope for from a visit to Marrakech can be found here.
You pass many beautiful old archways, doors and antique details. But be careful, if you let yourself drift, you can quickly lose your orientation, so we strongly recommend a GPS-enabled cell phone and the HereWeGo app , which has helped us the best here.
And: NEVER, NEVER ask for directions, there are countless guides on the left who want to be paid for their services! If someone wants to take a tour, thank them nicely and try your luck yourself or otherwise speak to a shop owner yourself .
So that you can really soak up the flair of the medina, I definitely recommend booking a riad right in the middle of it. We had our accommodation just a few meters from the Great Market Square and the flair was already unique!
The typical Moroccan dish: The tagine is a pointed clay pot that is used for gentle cooking. So that nothing burns, the dishes are prepared in this bowl, which resembles a pointed cap.
In every restaurant you can get tajines with meat (lamb, beef or chicken) in countless ways. The spices used are reminiscent of Christmas and the mix with dried fruits is exotic for the European palate.
U ur favorites are clearly lamb with figs or tagine Brania with eggplant. And there are also a lot of vegetarian options. The price of the tagines in Marrakech is between 30 and 80 dirhams (2.70 - 7.50 euros), depending on the restaurant class.
➳We have prepared a packing list especially for Morocco: What you mustn't forget - your packing list for Morocco
What would the Marrakech sights be without him? The flute of the snake charmers resounds over the entire Djemaa el Fna and is still in our ears. In all travel guides you can read the old Moroccan proverb:
To classify the place under “Insider tips for Marrakech” is unfortunately impossible, as the hustle and bustle on this place can hardly be put into words. At every corner you can see jugglers, water carriers, erect cobras, little monkeys on leashes, you can hear drums and smell freshly squeezed orange juice. You have to try this !!
The carriages rushing past and the enticing cookshop owners increase the sensory overload. In Marrakech, too, we paid almost everything in cash with Moroccan dirhams. You do not need to exchange this beforehand, you can get it with the card at any ATM (including at the airport) with your credit card.
But be careful: Here too, the holiday experience can be clouded by sellers who are after your money. Always ask for the price beforehand and for dinner we would not recommend the mobile stalls in the middle of the square.
The bills there can cost five times what you pay in the restaurants around it. Check out our post here: Marrakech Desert Tips
Marrakech shines with its many and very well-kept parks. Unexpectedly, we wandered through the cyber park on the way from the medina to the new town . A super well-kept park in which we saw several gardeners who keep it in good shape.
Many Moroccans use the shade of the trees in the midday heat to meet, read and study together. If the exhaust fumes from mopeds get on your nerves too much, you can experience a wonderfully fresh and calm change here.
When we were in Marrakech, we unfortunately had a bit of bad luck, as many things were being renovated at the time and were therefore closed. According to our research, these are often the side effects of Ramadan. However, if your trip is outside of the fasting month, then don't miss the following Marrakech sights.
You will certainly not be able to miss it. The 77 meter high tower of the Koutoubia Mosque can be seen from almost every corner of the city. The mosque is a landmark for Marrakech and a model example of Moroccan architecture!
It can accommodate over 20,000 people. You can find it on the edge of the old town (medina), a few hundred meters from Djemaa el Fna square. After you have walked past various horse-drawn carriages, you can marvel at the over 12 meter high minaret, which is even illuminated in the dark.
Entry is not permitted for tourists, but you shouldn't miss the outer facade and the attached garden. We went here several times when walking from the old town to the new town.
The Bahia Palace could still be visited during our visit, despite Ramadan. The palace was named after the favorite wife of the vizier Ba Ahmed Ben Moussa. 160 impressive rooms form a labyrinth in which one room is more beautiful than the other.
50 picturesque cedar ceilings are waiting for you, teeming with decorations. This palace seems to be an absolute must-do, especially for photographers and Instagram lovers. The idyllic garden and the mosaic stones are simply good photo motifs!
We walked a few minutes to Bahia Palace - it's a good kilometer from Djemaa el Fna. Unfortunately, we had to squeeze past many tour groups, so it is best to be here relatively early when the others are still at the breakfast buffet.
Opening times : 9 a.m. to 5 p.m. (until 3 p.m. during Ramadan)
Admission: 10 dirhams (approx. 90 cents)
It is the largest and most important Koran school in Marrakech. The teaching facility was also a residence with over 130 rooms on the upper floor, mainly for rural students.
The center of the sight is a large prayer room. The school was founded in the 14th century. Here, too, you will find a unique architecture: Lots of colored mosaics, cedar wood and carvings
At the turn of the millennium, the medersa was extensively renovated (and unfortunately also during our Morocco trip). The renovation work is expected to continue until 2020, so find out if it's open before you visit.
Opening hours: 9 a.m. - 5 p.m.
Admission: 50 dirhams (4.50 euros)
If you have visited the Bahia Palace, you can jump straight to the next one. Once across the Place des Ferblantiers and you come to the ruins of the El Badi Palace. From the outside you will already see the old walls and the stork nests on its towers.
The palace was built by Saadian Sultan Ahmed el-Mansour at the end of the 16th century. One thing was a lot of pomp and imported materials, but today unfortunately only ruins and prison cells in the basement. The “Festival National des Arts Populaires” takes place here every year on the grounds of the palace .
Opening times: 9 a.m. - 5 p.m. Admission: 10 dirhams (approx. 0.90 euros)
To the northwest of the medina lies Marrakech's new town of Gueliz. A short walk along orange trees takes you into a completely different world.
Previously, you had experienced the spirit of 1001 Nights through dealers, oil lamps, leather goods and spices on every corner and you now stand in front of an H&M, Starbucks and even a Cafe Extrablatt.
It is immediately clear that this is where the money is sitting when you watch the Cayennes rush past you. Various designer shops and chic restaurants line up.
We used the good Carrefour supermarket here to get a lunch snack and sometimes looked sad when we discovered that the Café Extrablatt (known from Germany) was being renovated! After Ramadan ended, it was open again and we had a coffee there.
Atlas Mountains south of Marrakech
Mega! Only 70 km away from Marrakech is Mount Toubkal, the highest point in North Africa and the second highest mountain in all of Africa - one of our bucket list adventures !
So if you have more than two days in Marrakech, a detour to the beautiful mountain region is definitely worthwhile. For only 50 dirhams (approx. 5 euros) the shared bus goes to Imlil, which is the starting point for trekking tours. You only have to plan two days for climbing the summit , but day tours in the region are also highly recommended. Viaje a Marruecos
Interested? Then click here for the post: 4167 vertical meters | Your guide for the Jebel Toubkal
Inner courtyard of the Riad Bibtia in Marrakech
Riad stands for "green inner courtyard" and refers to the houses in the Medina (old town) in Marrakech. These are designed so that they have a small garden in the middle of the building that all rooms face.
A clever solution in terms of space, as otherwise windows with a view would be rare with the narrow construction of the old town. We decided on the Riad Bibtia, which was ideal with its location in the middle of the media. Most riads have a roof terrace where you can enjoy the sweet, Moroccan breakfast.
➤In Marrakech, in addition to the hotel price, there is a tourist tax of approx. 2.50 euros per night per person. We were very satisfied with our riad and the central location. We paid around 20 euros a night.
While strolling through the souks of the medina, it becomes clear that Moroccans have leather! Leather goods as far as the eye can see, bags, cases, shoes and jackets are offered in all imaginable leather colors. Leather production also takes place in the middle of the medina.
Tannery in Marrakech
The tannery is not exactly attractive because of its smell. You get sick from afar. When entering the facility, you get a few sprigs of mint that you can hold under your nose, the “Moroccan gas mask”, as our guide explains!
WICHITG: As everywhere in Morocco, fix the price for a guided tour before entering the sights, so before you get the sprigs of mint, otherwise it could be expensive afterwards!
➤Cost: Starting price around 100 dirhams, just under 10 euros (the rest is negotiating skills)
➤Where: Tannery Avenue Bab El Debbagh, Marrakech 40000
"The a la menthe" is the name of the Moroccan drink. It is offered on every menu, the fresh mint tea, so it should actually be the number one travel tip.
Mint tea in Cafe de France
Classically, the ornate iron jug is held sooooo high when pouring into a mini glass that every European spills the entire table.
But the scent is fantastic and the taste makes for a refreshment in the hot country. We enjoyed it on several roof terraces and watched the goings on in the alleys. The Cafe de France offers an impressive view over the Djemaa el Fna.
➤Cost: 10-15 dirhams (20 dirhams in Cafe de France) 1-2 euros
➤Where: e.g. Rue des Banques, jamaa el-fnna 40000
As you have already read, there are a few stumbling blocks when visiting the city. Especially for Marrakech we have written a post on what you should pay attention to in order not to let your trip turn into a catastrophe. → All Marrkasch tips for your trip
To get some impressions in moving pictures, take a look at our video. (We would be happy if you leave us a like.)
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Top 10 sites to visit in Marrakech |
Do you've got gotonly aweekend to go away, attaina vacation spotsome distancesufficientaway to get out of the each dayrecurringand delight ina mysticalplace? Don't be afraid that multipledays are too few to go toa stunningtownlike Marrakech! From the charminglocationof the Medina , enclosed in thehistoricalmedieval walls, whereinyou maygo tothe well-knownsouks and be hypnotized throughsnake charmers, to the outstandingKoutubia, the maximumcrucialmosque withinside thetownto attainthe maximumcutting-edgeand glamorous districts, Marrakech is a a townthat is aware ofthe way towin the sympathy of vacationersand the way tomake their livemagical. Marrakech can becapable ofcome up withthe overallconceptof its precisedistinctivenessthroughtaking benefitof the primaryfactorsof hobby, taking walksviathe streets of the vintagetownand staying withinside theriads, the featurehomesof the Berber tradition: you'll becapable ofdeliverwith you a dense, colourfulmemory, from highly spicedscents and one thousandand one nights atmosphere . You may bestimulatedthroughthis townteeming with traditions to take unforgettable photographs, narrate your feelingsin a tourtaleand proportionyour studieswith digitalbuddiesand now no longerviasocial networks. Below you maydiscover amanualon what to lookin Marrakech and the locationsof hobbyyou should notmiss : permityour selfbe over excitedthroughthis stunningtownand take benefitof the few hours at your disposal to make even a small excursionspecial. For a higherenjoywith locals, you maydiscover atourorganisationin Morocco so that it willmanualyou even higherwithinside thetownslike Marrakech. Are you equippedto condense your energies and go awayfor the purpletownmaking completeuse of the timesavailable? So right hereare the first-classactivitiesand noticein Marrakech !
Here are the top 10 things to explore :
Legend has it that on the day of El Badi 's grand opening , the Saadian sultan turned to the court jester for his opinion on the extravagant new palace. The jester's answer? "It will be a magnificent ruin . "
This palace, or rather, the ruins of this palace represent another very important tourist destination if you want to visit Marrakech.
Built in the 16th century by the Sadian sultan Ahmad al-Mansur al Dhahabi, it originally had over 300 rooms finely decorated with Italian marble and African gold. The magnificence of this structure, its gardens and its particular architecture will leave you speechless.
For a few dirhams, you can also admire the mimbar, the pulpit of the famous Koutubia mosque, the most important in Marrakech.
That jester was the wisest man in the whole palace!
Where is it : Ksibat Nhass
Hours : every day from 8:00 to 17:00
Place de la Kissaria is a large and spacious square surrounded by shops and buildings with a Moroccan architectural style.
Visiting this fascinating place, you will come across not only its structural wonders but also the oldest mosque in the city, the Ben Youssef, and the museum of Marrakech.
This square is a real wonder, let yourself be enchanted!
After your lunch break, you could immerse yourself in the local culture: the Moroccan art museum Dar Si Said will await you with its numerous works.
This museum is the oldest in the city, it is on two levels and has numerous finely decorated internal courtyards.
The building itself is a work of art, but the pieces preserved in it make up the most important Moroccan collection.
Where is it : 8 Rue de la Bahia
Hours : Wed - Mon 10:00 - 18:00
Near the Da Si Said Moroccan art museum there is another architectural marvel to admire: the El Bahia palace is one of the most architecturally important structures in the entire city of Marrakech. The palace dates back to the late 1800s and it took over a decade to complete its construction.
The palace extends over 8 hectares and consists of 150 rooms that surround numerous gardens and courtyards. The Palace's Courtyard of Honor will undoubtedly leave you speechless and the rooms, although completely empty, will fascinate you with the decorative details of the ceilings.
The most fascinating place to visit inside the palace is the Harem of the 4 brides and 24 concubines.
Where is it : Avenue Imam El Ghazali
Hours : Every day from 09:00 to 16:30
If you are looking for where to sleep in Marrakech , let me give you some advice: although there are many splendid hotels, to get a taste of this centuries-old city, try to opt instead for one of the wonderful Moroccan Riads within the walls of the medina.
As well as being fantastically, uniquely Moroccan, they offer an oasis of aesthetic and tranquil calm, essential for any visitor spending a day or two in this city.
I personally don't like Plaza Jemaa el-Fnaa ; compared to the beauty found in the medina of Marrakech, in my opinion this square represents all that is the ugly side of tourism.
There are men with chained monkeys, unsavory characters, scammers and pickpockets abound, restaurants are expensive far above average, and typically the price doesn't justify the dubious quality.
But I have to be completely honest : sitting sipping another mint tea (probably the thousandth in two days in Marrakech) on a terrace overlooking the square I thought that was one of the best moments of my entire trip.
A real PRO tip
Almost all the bars and clubs around the square have a panoramic terrace from which to sip a mint tea while observing the square. But if you are looking for THE balcony, the one from which to take the iconic photo of the square you have to go to “ Le Gran Balcon du Café Glacier “. Try not to get food, food is not the best. Opt for another drink.
Even if you want to avoid it, on your visit to Marrakech you probably won't be able to avoid passing through Jemaa el-Fnaa.
There will be things you won't like, but try to get the best of them: try the fried fish offered at one of the many lively stands and let yourself be carried away by the din and chaos.
This evening food tour , which takes you through the souks and then to dinner at Jemaa el-Fnaa, is a popular thing to do in Marrakech.
If you want to take a break and stop for lunch, the Medina area offers plenty of ideas for enjoying some traditional local delicacies .
You could taste the tagine, a dish that combines meat and vegetables cooked together for hours in terracotta: an unmissable flavor that comes directly from the past!
Have you ever thought of going to Morocco without taking away the satisfaction of tasting a real and authentic dish of couscous? I guess not! You will have the chance to taste the authentic Moroccan couscous prepared by the most skilled and expert hands you can find.
If you like particular flavors and you are not afraid of the combination of dishes that you would never have thought of eating together, surely you will have to try the pastilla: a light pastry created starting from a sort of batter filled with meat, almonds, onions and spices accompanied by powdered sugar.
If you wish to visit the desert, then the Agafay desert - although not as famous or sandy as the Sahara - is easily accessible from the city (unfortunately visiting the Merzouga desert from Marrakech takes 3 days minimum). You can do it with an agency that offers the 3 days tour from Marrakech to Merzouga desert.
Located between the Atlas Mountains and Marrakech, the Agafay is a great day trip.
Here you won't find the particular sand dunes you might imagine, but you will find rocky, barren and seemingly lifeless terrain that is difficult to fully comprehend in its scarcity.
Honestly, even if it lacks the charm of the dunes, I find it very interesting: you could visit some local village and discover in disbelief how people managed to survive and thrive in a place like this! You should do it 3 days tour from Marrakech to Merzouga.
After your days of intense tourism, culture and history, relaxing with some local crafts never hurts! And why not, if you are fascinated by the products, you can also indulge in shopping!
In Marrakech you will find several tanneries , of ancient origin and where tradition reigns supreme. Inside them, you will be able to learn the process by which leather becomes leather, listening to traditional Moroccan techniques and observing the craftsmen at work.
Okay, they have nothing to do with the Fez tanneries which are a bomb, but a visit, if you have time, they deserve it.
The Marrakech tannery is about a 15-minute walk from the souks. At the entrance to the tanneries, someone will inevitably offer to offer you a guided tour of the tanneries, but if you really want to do it, bargain the price .
During the short tour (10 minutes) you will see dozens of workers working on open-air tubs, soaking the leathers to treat them before dyeing them in various colors and then stepping on them in the hot sun to distribute the pigment.
The smell in the tanneries is pretty horrible, they will offer you a sprig of mint to put under your nose, I advise you to accept it .
A big problem with Marrakech tanneries is that travelers are often scammed into coming here. The “tannery scam” is a very well organized and common scam in Marrakech and one that local authorities seem not to do too much to prevent.
This actually happened to us on our second day in the city, as does dozens of tourists every single day. You will be offered by some guys to take you on a tour of the livestock market and they will actually take you to the tanneries. Be careful not to get fooled. If you want to organize a tour ask your Riad for a reliable guide.
Obviously after the tour you will be taken to a leather shop (it also happens in Fez), you decide if you want to buy something or not.
Be careful because you will be asked for money in an insistent way, so insistent that it makes you uncomfortable. They also showed aggression to me and in the end I screamed more than them, only for this reason I managed to escape it.
Two days to visit Marrakech are enough in my opinion. After two days spent in the streets, you will be dead tired and you will also be a little tired of the vendors who pull you all over the place, who force you undeterred to enter their shops. There actually many sites to visit, the most admired of them is the desert, you can find in Marrakech agencies who offer desert tours from Marrakech and you can have a special experience on the camles and go camping also.
You will be tired of doing the slalom between donkey shits and holes on the roads and you will want to give yourself a few moments of relaxation but without losing even a minute of your visit.
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Superior Court of Mendocino County (California) |
Procedural Posture
Defendant purchaser sought review of a judgment and the subsequent denial of a motion for a new trial in favor of plaintiff lumber vendor in a breach of contract suit in the Superior Court of Mendocino County (California).
Overview
The purchaser appealed a judgment in favor of the lumber vendor in a breach of contract suit, contending a buyer against whom a judgment was also entered was not his agent. The court observed that the buyer did not appeal the judgment and it appeared from the record below that all the parties realized that in order to hold the purchaser liable, the lumber vendor had to show that the buyer was the purchaser's agent. The court explained that this was the case because there was no evidence that any business relationship existed between the buyer and the purchaser unless it was an agency. The court reversed the judgment, concluding because the lumber vendor did not make an election of whether to proceed against the principal or the buyer as an agent, it was unclear from the findings if the lower court believed an agency existed or whether the lower court found that such a relationship existed that would have justified entry of judgment against both the buyer and purchaser on a joint and several liability theory. The court found that if the judgment was based upon joint and several liability, the evidence was inconsistent with either the findings or the judgment.
Outcome: caci battery
The court reversed the judgment, which held the purchaser liable to the lumber vendor in a breach of contract suit. The matter was remanded to the trial court with instructions that it may settle the issues of fact presented and render judgment accordingly. The purported appeal of the denial of a new trial was also dismissed.
Procedural Posture
Plaintiff seller sought review of the judgment of the Superior Court of the City and County of San Francisco (California) in favor of the seller, in the seller's action against the buyer for goods sold and delivered and for damages for breach of contract. Specifically, the seller challenged the trial court's refusal to grant the seller damages for the buyer's failure to purchase certain goods, as provided for under a sales agreement.
Overview
The seller entered into an agreement with the buyer wherein the seller was to have sold a certain amount of cloth to the buyer for a set price. In the first count of the complaint, the seller claimed that he delivered part of the cloth to the buyer, but that the buyer failed to pay the balance. In his second count, the seller claimed that the buyer refused to purchase other material that was offered by the seller, in violation of the sales agreement. The trial court found that the seller offered to deliver the additional material, pursuant to the agreement, and that the buyer refused to purchase the material, in violation of the agreement. The trial court also found, however, that the seller did not suffer any damages as a result and was not, therefore, entitled to recover damages from the buyer. The court ruled that the trial court's findings were so inconsistent as to leave doubt as to their meaning. Because the appeal was from the judgment-roll, the court ruled that it could not have accounted for the inconsistency. As such, the court held that the portion of the trial court's judgment relating to the second count of the complaint was subject to a reversal and a remand.
Outcome
The court reversed the portion of the trial court's judgment as to the second count of the complaint, and the court remanded the matter to the trial court for a proper finding as to damages. The court affirmed the remainder of the trial court's judgment.
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Superior Court of Sacramento |
Procedural Posture
Plaintiff claimants sought review of the decision from the Superior Court of Sacramento (California), which granted summary judgment in favor of defendants, Secretary of State and State of California, on plaintiff's claim that defendants improperly disbursed a cash deposit in lieu of bond from a discount buying business when plaintiffs attempted to satisfy a judgment against that business.
Overview
A discount buyers business made a statutory cash deposit in lieu of surety bond with defendants Secretary of State and State of California. Plaintiff claimants brought a class action suit alleging the improper disbursement of funds when defendants refused to satisfy plaintiffs' breach of contract judgment against the discount buyers business because all the funds of the cash deposit had been disbursed. The trial court granted summary judgment to defendants and the court reversed and remanded. The court held that defendants improperly disbursed the statutory cash deposit based on the order of presentment of claims because such funds had to be distributed on a pro rata basis when total claims exceeded the amount of the statutory bond or cash deposit. The court held that defendants were bound to the laws of surety because Cal. Civ. Code § 1812.103 permitted a cash deposit to be made with defendants in lieu of a surety bond. The court also held that defendants would be liable beyond the statutory cash deposit amount if it disbursed the full amount of the deposit while having notice that other claimants existed.
Outcome: ada attorney
Summary judgment in favor of defendants Secretary of State and State of California was reversed because defendants improperly disbursed a statutory cash deposit bond on the basis of order of presentment of claims rather than on a pro rata basis when the total claims exceeded the amount of the bond and because there was a triable issue on whether defendants had timely notice of plaintiffs' claims.
Procedural Posture
Appellants, lessee, assignee, and sublessee of property, sought review of a decision for respondent lessor by the Superior Court of Santa Barbara County (California) in a quiet title action.
Overview
The lessor and lessee entered into a lease to drill for oil and gas by a certain time. If there was a non-compliance with the lease, the lease was to be terminated with notice. The lessee and the assignee of the lessee's interests entered into a lease contract with the sublessee to drill for oil and gas. Though the sublessee did not physically begin drilling, the sublessee did: (1) take possession of the land; (2) obtain a permit, license, and bond for drilling; (3) post "no trespassing signs;" (4) bring personal property to the land; and (5) build a road and sump hold. Because the drilling had not begun, the lessor filed a quiet title action without notice to the lessee, sublessee, and assignee. The court reversed. There was no breach of contract where the sublessee did begin drilling operations though no drilling had begun yet. Thus, the lessor had to give notice of the alleged non-compliance with the lease before a quiet title action was filed. Even if the lessor was defrauded, the notice was still required where the lease was not rescinded. Though the trial court failed to provide specific findings, this was not as important of a reason to reverse the trial court's decision.
Outcome
The court reversed the decision for the lessor and ruled for the lessee, assignee, and sublessee in a quiet title action.
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Superior Court of Orange County |
Procedural Posture
Plaintiff attorney appealed a judgment from the Superior Court of Orange County (California), which dismissed her complaint against defendant clients for unpaid attorney fees after sustaining the clients' demurrer without leave to amend.
Overview
The attorney agreed to assist another attorney in working on the clients' case and entered into a fee-sharing agreement with the other attorney. The clients did not agree in writing to the fee-sharing agreement. The attorney did not receive a percentage of the recovery as agreed. She brought suit against the other attorney and also asserted claims for quantum meruit, unjust enrichment, and declaratory relief against the clients. The trial court ruled that the attorney could not maintain a claim against the clients because she failed to comply with Rules Prof. Conduct, rule 2-200. The court observed that an award based on the reasonable value of legal services rendered was not a fee division within the prohibition of the rule. Such an award involved no apportionment of the fees that a client paid or agreed to pay. A quantum meruit claimant had to show, however, that the services were rendered at the request of the person to be charged. The court concluded that it made no sense to allow an attorney whose only connection to a client was through an unenforceable fee-sharing agreement to recover fees directly from the client; thus, the attorney's recourse was against the other attorney.
Outcome: unauthorized overtime
The court affirmed the trial court's judgment.
Procedural Posture
Appellant broadcasting company challenged an order of the Superior Court of Los Angeles County (California), which struck portions of its cross-complaint upon the motion of appellee corporations because the portions were not a proper subject of a cross-complaint.
Overview
A television corporation brought an action against the broadcasting company and others praying for declaratory relief and for an accounting as to all defendants and as against a defendant for damages for breach of contract involving rights and obligations as between the respective contracting parties in and to the ownership and use of certain motion picture films. The broadcasting company filed a cross-complaint, and the trial court issued an order striking out portions of it on the grounds that the allegations were not a proper subject of a cross-complaint. The broadcasting company appealed, and the court reversed finding that the stricken portions were directly related to the transaction that was the subject matter of the action. The court held that the broadcasting company should have been allowed to have his rights to indemnity determined by means of a cross-complaint, and the trial court erred in striking out the causes of action as they related to two defendants.
Outcome
The court reversed the trial court's order striking portions of the broadcasting company's cross-complaint upon the motion of the corporations because the portions were not a proper subject of a cross-complaint.
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Appellant client sued respondents |
Procedural Posture
Appellant client sued respondents, the lawyers, for legal malpractice. The client's motion to amend his complaint was denied. The lawyers filed two motions for summary judgment. The Superior Court for the County of Los Angeles, California, granted judgment in favor of the lawyers. The client appealed.
Overview: emotional distress california
The client was a dental surgeon and business investor. He and a company agreed to form a limited partnership to develop a mall. The lawyers were retained to create a limited partnership and to provide legal services in connection to the project. The client sued the lawyers, alleging that the lawyers were negligent in their representation. He also alleged breach of fiduciary duty and breach of oral contract. The lawyers were granted summary judgment in part because of the expiration of the statute of limitations. On review, the court of appeals held that: (1) the statute of limitations began to run when the client sustained the first actual injury stemming from the lawyers' malpractice, even though other injuries may have occurred later; (2) the creation of an enforceable personal obligation that would have been avoided by formation of the partnership constituted actual injury; and (3) the trial court's denial of the client's motion to amend his complaint did not constitute prejudicial error.
Outcome
The judgment was affirmed.
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In plaintiff hockey corporation's original |
Procedural Posture
In plaintiff hockey corporation's original suit for breach of contract for failure to pay certain promissory notes, defendant hockey association filed a cross-complaint for breach of fiduciary duty and damages. Defendant appealed the judgment of the Superior Court of San Diego County (California), which granted plaintiff's motion for nonsuit on the cross-complaint because defendant failed to establish plaintiff owed a fiduciary duty.
Overview: caci jury instructions declaratory relief
When certain individuals sat on both boards of directors for plaintiff hockey corporation and defendant hockey association and plaintiff sued for breach of contract damages, defendant filed a cross-complaint for breach of fiduciary duty and damages against plaintiff hockey corporation. Plaintiff moved for a nonsuit, which the trial court granted. The court affirmed the judgment of nonsuit, holding that there was no evidence to support the jury verdict in favor of the cross-claim. The court held that members of defendant's board of directors had a fiduciary duty of undivided loyalty to that board that superceded any loyalties owed under their responsibilities to plaintiff corporation. However, defendant was unable to demonstrate that any damages flowed from a breach of fiduciary duty and further, defendant waived its claim for a breach of fiduciary duty because it presented evidence that it had ratified plaintiff's actions.
Outcome
The court affirmed the dismissal of defendant hockey association's cross-claim, holding that a nonsuit was proper because defendant failed to establish plaintiff hockey corporation breached a fiduciary duty or that defendant suffered any damages.
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Superior Court of Merced County |
Procedural Posture
Defendant buyer sought review of a judgment from the Superior Court of Merced County (California), which was entered in favor of plaintiff sellers in their action for damages for the buyer's conversion of an air-conditioning unit. The buyer filed a counterclaim for costs of the installation and removal of the unit.
Overview: joint venture legal definition
The buyer ordered a heat pump from the sellers but was mistakenly sent a mislabeled air-conditioning unit, which the buyer paid the sellers for and paid to have installed in his home. After the unit was completely installed, the mistake was discovered, and the sellers refunded the total amount paid to them by the buyer. The sellers advised the buyer that the distributor would pick up the unit, but the buyer later resold the unit to another party, who had to pay to have the unit put back in its original condition. The sellers brought an action for damages for the buyer's conversion of the unit, and the buyer filed a counterclaim for costs of the installation and removal of the unit. The trial court entered judgment in favor of the sellers, and the buyer appealed. The court reversed and held that the conversion took place when the buyer sold the unit to another because he could have kept it in his garage indefinitely. The court found that the proper measure of damages was the value of the unit at the time of the conversion and that equity required that the buyer recover the damages caused by the sellers' breach of contract, which was the cost of installing and removing the unit.
Outcome
The court reversed the trial court's judgment entered in favor of the sellers with directions for a retrial only on the issue of what the value of the unit was at the time it was converted and for judgment to be entered in favor of the sellers in that amount, less the cost of installing and removing the unit as presented by the buyer's counterclaim.
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Appellant insurance agent |
Procedural Posture
Appellant insurance agent sought review of a judgment issued by the Superior Court of the City and County of San Francisco (California) in favor of respondent insurer on respondent's claims for indemnity, fraud, and negligence.
Overview: how to calculate overtime in california
Appellant insurance agent, an authorized agent of respondent insurer, wrote insured's home address, rather than the address of the insured property, on an application to insure an apartment building. When insurer discovered that the insured property was not an apartment building as represented, they instructed appellant to cancel the policy. Insured signed a form without a date that appellant had prepared. When insured received another bill from insurer, he believed the site was still insured. When fire destroyed the building, and insurer refused to pay, insured filed an action against appellant and respondent. Respondent settled with insured for $ 1,050,000, then filed suit for indemnity against appellant. The jury found appellant was negligent in filling out the application and found appellant liable for negligent misrepresentation for improperly executing the cancellation form and failing to advise respondent. The court affirmed on appeal. An indemnity claim was permitted because appellant was being held liable not for the insurer's bad faith or for breach of a duty to insured, as he argued, but for his own negligence and misrepresentations to his principal.
Outcome
The court affirmed the judgment in favor of respondent insurer. Respondent could seek indemnity because its claims were based on appellant insurance agent's negligence and misrepresentations to respondent, not insurer's bad faith. Public policy did not preclude respondent's claims, because liability was not based on breach of a duty to insured, but on breach of appellant's duty to his principal, which breach caused the principal's loss.
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