В издании Emerging Europe была опубликована статья Эндрю Вробеля под заголовком "Как Узбекистан может стать региональным центром бизнес-аутсорсинга". В этой статье автор обобщает актуальные инициативы и перспективы, сфокусированные на превращении Узбекистана в важный центр для бизнес-аутсорсинга и информационных технологий.

В октябре прошлого года Эндрю Вробель принял участие в Форуме аутсорсинга Узбекистана и Саммите стартапов, которые проходили в рамках Недели ИКТ. Прежде всего, он был потрясен представленным талантом.

Его впечатлила идея молодой предпринимательницы о том, как бороться с раком груди. Она провела множество исследований, разработала решение и теперь хочет помочь женщинам в Узбекистане и за его пределами. Другая женщина-основатель создает платформу, чтобы сделать STEM-образование более доступным и недорогим.

Два основателя-мужчины разрабатывают облачный сервис, который уже набирает популярность. Другой основатель-мужчина объединился с профессионалом в области фармацевтики и разработал программное обеспечение для управления аптеками. С помощью других его инструментов пациенты могут уточнить наличие и стоимость лекарств, поскольку подавляющее большинство аптек уже входит в его сеть. Компания уже вышла на рынок ОАЭ и планирует выйти на новые рынки.

Команда из четырех молодых людей получила президентскую технологическую премию в размере $100 000.

Это лишь несколько примеров, которые упоминает Эндрю, но их гораздо больше. Население Узбекистана составляет более 36 млн человек - почти столько же, сколько в четырех других странах Центральной Азии вместе взятых. Средний возраст - 29 лет. Более пяти миллионов узбекистанцев говорят по-английски, а более полумиллиона хорошо владеют немецким. За время пребывания Эндрю здесь он не столкнулся ни с одной проблемой, связанной с языком. Наоборот, будь то стартап, ресторан или базар, он легко общался на английском.

Как заявляет Вробель, каждый год более 120 000 молодых людей заканчивают университеты. В 65 университетах есть программы по информационным технологиям, а 35 зарубежных учебных заведений предлагают международные программы. Кроме того, многие молодые люди заканчивают университеты за рубежом. Некоторые из тех, с кем Эндрю познакомился, учились в Южной Корее, Польше, США. Те, кто не может позволить себе университет, могут выбрать из широкого спектра неформальных курсов, предлагаемых частными организациями, включая языковые школы и IT-академии, которых в Ташкенте великое множество.

Кроме того, существует более 200 IT-центров, управляемых IT Park, который также управляет первым в Центральной Азии Цифровым IT-университетом.

Далее автор делает акцент на IT Park, компании-резиденты которого экспортируют IT-услуги на сумму $300 млн. В 2025 году IT Park рассчитывает превысить планку в $1 млрд.

Эндрю считает, что достижению этой цели способствует льготный налоговый режим. Резиденты IT Park не платят корпоративный подоходный налог, социальные взносы и НДС на импортные товары. Единственный налог, подлежащий уплате, - это налог на доходы физических лиц - 7,5 % по сравнению с 12 %, которые платят те, кто работает за пределами IT Park. Кроме того, не требуется разрешения на работу; инвесторы, IT-специалисты и основатели стартапов имеют право на получение IT-визы сроком действия до трех лет. Они также могут воспользоваться услугами службы "одного окна", которая поможет им зарегистрировать компанию, получить налоговую отчетность, банковские счета и офисные помещения.

Также Вробель упоминает о новой программе Zero Risk, которая предусматривает бесплатную аренду офиса за пределами Ташкента в течение одного года, бесплатное техническое оборудование для 50 сотрудников, покрытие до 15% заработной платы каждого сотрудника, гранты на обучение до 50% и компенсацию услуг по управлению персоналом.

По мнению автора, такой агрессивный подход призван помочь Узбекистану занять большую часть мирового рынка аутсорсинга бизнес-услуг, объем которого сегодня превышает $300 млрд.

Вробель пишет, что, поскольку экологические, социальные и управленческие аспекты становятся все более важными для международного бизнеса, темы, связанные с воздействием на общество и окружающую среду, борьбой с коррупцией, отношением к сотрудникам, многообразием, уважением к личности и ее гражданским свободам, должны оставаться в центре внимания страны.

Он утверждает, что важно показать Узбекистан как место, где международные компании могут реализовать так называемый импакт-сорсинг. Необходимо привлекать маргинальные сообщества, которые обычно исключены из сферы занятости, например, людей с ограниченными возможностями, пожилых работников, тех, кто живет в отдаленных, изолированных или депрессивных районах, или тех, кто просто не имеет доступа к образованию. Это особенно важно в регионах Узбекистана.

Далее автор советует Узбекистану попробовать поработать со странами Центральной и Восточной Европы, и поставщиками глобальных бизнес-услуг (GBS), которые за последние два десятилетия стали глобальными GBS-сверхдержавами, и которые сами когда-то начинали с нуля.

“Узбекистан имеет потенциал для повторения этих историй успеха и создания центра аутсорсинга мирового значения. Стране необходимо разработать стратегию и предпринять разумные шаги для достижения этой цели” - заключает автор.

PayCoin is a cryptocurrency that was introduced as a revolutionary solution to the challenges of the crypto world. However, it quickly turned out to be one of the most notorious cryptocurrency scams in the market. At its core, PayCoin promised to be a fast, secure, and stable alternative to other cryptocurrencies, with a guaranteed minimum price. However, the reality was far from this initial promise. The origins of PayCoin and its development are shrouded in secrecy and misinformation, leading many to question the legitimacy of the project. Despite aggressive marketing tactics, PayCoin was unable to deliver on its promises, leading to widespread disappointment and distrust among investors. The story of PayCoin serves as a cautionary tale for those looking to invest in cryptocurrency, as it highlights the importance of researching a project thoroughly and being wary of common cryptocurrency scams.

Evidence of PayCoin as a Scam

The evidence of PayCoin as a scam is undeniable and encompasses a variety of troubling practices and false claims. First and foremost, PayCoin broke several key promises to its investors, leading many to question the legitimacy of the project. This included false claims about partnerships and the guaranteed minimum price, which were never realized. Additionally, there were serious concerns about insider trading and mismanagement, as the individuals behind PayCoin profited while investors suffered. Finally, the lack of transparency and the misappropriation of funds only added fuel to the fire, as it became clear that PayCoin was operating in a fraudulent manner. These various factors all point to PayCoin as a clear example of a cryptocurrency scam and a warning for others to be wary of common cryptocurrency scams in the future.
 

Impact of PayCoin Scam

The impact of the PayCoin scam was far-reaching and had a profound effect on both the investors who were directly affected and the broader cryptocurrency community as a whole. The losses suffered by investors were substantial, with many losing a significant portion of their savings. Beyond the financial losses, the damage to the reputation of the cryptocurrency community was also significant, as PayCoin's fraudulent activities cast a shadow over the entire crypto industry. However, despite the negative consequences of the PayCoin scam, there are important lessons that can be learned from this experience. The PayCoin scam serves as a warning to be cautious when investing in cryptocurrency and to thoroughly research projects before handing over any funds. It also highlights the importance of transparency and accountability in the crypto space, as well as the need for stronger regulation to prevent similar scams from happening in the future.

Conclusion

PayCoin scam is a stark reminder of the risks associated with investing in cryptocurrency. The false claims and broken promises, insider trading and mismanagement, and lack of transparency all contributed to this fraudulent project's downfall. The impact of the PayCoin scam was significant, with investors suffering substantial losses and the reputation of the broader cryptocurrency community taking a hit. However, despite the negative consequences, the PayCoin scam offers valuable lessons for those looking to invest in cryptocurrency in the future. It highlights the importance of thorough research and caution when investing in crypto projects, as well as the need for greater transparency and accountability in the industry. As the world of cryptocurrency continues to evolve, it is essential to be vigilant and informed in order to avoid becoming a victim of common cryptocurrency scams.

Having Android Auto in our car is a great advantage since we can use several of the applications we like on our vehicle's screen without having to manipulate our smartphone at all. 

That's why we thought it would be interesting to see the leading apps available right now for this system created by Google.

There is no better and safer way to interact with many of the applications we have on our smartphones when we are in the car than Android Auto.

Using Android Auto is a convenient way to have our smartphone on the car screen and allows us to have fewer distractions when driving, as we all know how dangerous (as well as prohibited) it is to handle a phone while driving.

There is variety in the apps that come prepared for this system, although we would like more options. Even so, we can place some ahead of the others and tell you which should never be missing to accompany us in the car.

Google Maps

According to Youramazingcar, It is more than clear that the first had to be Google Maps since it is the most used app today by all Android Auto users.

It is a navigator with everything to serve us when driving. It has a simple interface in its handling and all the updated roads, with fixed and mobile radar warnings, with an exquisite guidance system and the possibility of downloading the maps on the smartphone, so as not to depend on the Internet signal all the time.

But Google Maps can help us to:

• Choose restaurants, events, and activities of your interest.
• Follow the latest fashion trends in the places you want.
• Showing the affinity percentages provides much more information about places we would like.
• Create lists of your favorite sites.
• You can see recommendations from Google or other publishers.
• Write our reviews of sites we have been to, being able to add photos.
• Street View and interior images of restaurants, stores, museums, and much more.

Waze

Waze is the second best-known navigator, also owned by Google, to work on Android Auto.

It has a system of operation in many parts type crowdsourcing, i.e., anyone can report accidents or other delays on the road so that the rest of the users have the information in near real-time.

They also offer a real-time traffic system and calculate routes based on it, as well as compatibility, for example, with Spotify, which is very interesting.

The only downside is that it depends on an Internet connection to work.

Spotify

The world's best-known music streaming system needs a few introductions. Thanks to Spotify, we can listen to millions of songs free of charge since its library is gigantic.

It is a free application that works very well on Android Auto, although, for this gratuity, you have to put up with a series of ads from time to time and not be able to pass the songs as many times as you want.

To remove these drawbacks, you must get a Premium account, which is currently $ 9.99 per month.

Audible

Audible is the best option for all those audiobook fans. The integration with Android Auto is excellent and allows us to quickly access any content they have.

Amazon owns audible, so the amount of books they have is enormous, and the selection is excellent. In addition, they also have podcasts, so we can enjoy this other audio style if that is what we like.

The best thing about it is that we can continue where we left off and play something we missed.

TuneIn Radio

We know perfectly well that we can listen to the radio in the car, but how many times has it happened to you to lose the signal or to start listening to it badly during a trip?

Well, with TuneIn, that will not happen since we will put on the radio, and as long as we have an Internet signal, we will listen to it without any problem or interference.

TuneIn Radio is an application that offers more than 100,000 AM, FM, and Internet radio stations. Plus, this includes news stations, music stations, sports stations, etc., and famous podcasts.

It has Android Auto compatibility offering an excellent interface with which we can easily choose the radio we like the most.

A business’ efficiency is a very important thing. In some ways, it can govern how likely they are to succeed and thrive in their industry.

Information technology (or simply IT) has helped businesses become more efficient and productive overall. This is because the technology enabled information to be created, copied, and transmitted so much faster. But due to this reliance, it is just as important to have IT support as it is to have IT in general – and many businesses nowadays are opting for outsourced IT support.

When we spoke to a company that provides IT support services in London, they stated that outsourced IT support helps a business in many ways – from maintaining business continuity, to future-proofing a business’ infrastructure, and even helping a business become more cutting edge in their operations.

What is Outsourced IT Support?

Anyone in business will be familiar with IT support. In its simplest form, IT support is all about assisting individuals or organisations with any technology they use – whether it be hardware, devices, software, or systems. When something goes wrong with a piece of technology, it can be fixed with the help of IT support.

Nowadays, with the fast-paced, technology-driven business landscape we are in today, IT support needs to go far beyond simply fixing IT when it gets broken. IT support service can actually help prevent IT issues from happening; it can help a business operate more efficiently and productively; it insulates a business against cyber-attacks; and it helps a save money, become more agile, and adapt to changing markets.

So, if that’s what IT support is nowadays, what is outsourced IT support? It is exactly the same, except, rather than a business hiring their own in-house staff to perform all these responsibilities, they pay a third-party provider to perform them, instead.

How Does It Work?

The way that outsourced IT support works is simpler than one might think. An outsourced IT support provider will have a helpdesk, and use a case management system (normally a cloud-based web platform) which enables them to log and manage cases remotely. Through these platforms, the IT partner can assign their engineers cases that come in from clients.

People tend to think that IT support needs to be close to the site of the recipient, but nowadays, more than 80% of tech-related issues can be resolved remotely nowadays, thanks to the various tools available. For instance, an IT support company may use a remote access tool; so that engineers can request control of a user’s computer, and then investigate the issue without having to direct the user over the phone (which can be very time-consuming). So, excluding any internet issues that negate remote control, most IT issues an employee is likely to experience can be managed remotely.

As well as this, a high-quality outsourced IT support provider will also use network monitoring tools which enable them to identify any faults or issues as they arise in your network. This cuts out the middle-man of having to wait until somebody notices the issue, meaning the IT provider can get to work right away.

Why Outsourced IT is Great for Small Businesses

There are a lot of significant benefits that come with outsourced IT support. As we mentioned earlier, modern IT support should go far beyond the old break-fix model – it should be proactive and provide companies with opportunities to upgrade and optimize their IT. Outsourced IT providers are usually competing with one another to attract business, and so therefore they have incentive to provide a high quality service to their customers. When you pick the right provider, you will be getting the best support available.

What is more, outsourced IT support is generally more cost-effective. Rather than having to pay for all your own technology, on top of hiring and training IT staff, you can get access to IT expertise and the technology you need through your IT support provider. This is usually on-demand, as well, so you can be sure that you’re only paying for what you use.

Mystical and enchanted Fes is an unique Moroccan city, a UNESCO World Heritage Site, and home to North Africa's oldest and largest medina! The city was previously Morocco's capital and is now widely regarded as the country's cultural epicenter. Discover spice towers, traditional handicrafts, hammams, and tanneries inside the historic walls of the gloriously chaotic medina. Take one or two days to explore all of the best things to do in Fes!

1-    Get lost in the Medina of Fes.

The medina of Fes (Fes el Bali) is North Africa's oldest and largest, dating back to the 9th century! It is also a UNESCO World Heritage Site because of its historical and cultural significance. When you see how successfully the medina's ancient attractions have been kept, it's simple to see why. Wander the thousands of lanes in Fes to learn about the city's history and to enjoy the world's largest car-free urban region!

It's really simple to get lost here because of the tight streets, which we've done a few times. Before leaving your riad or hotel, make sure you know which signs to look for because even Google Maps might get lost in this maze.

If at all possible, stay at a hotel located within the medina. This is because certain medina gates close after 7 p.m., causing issues when returning to a lodging outside the medina walls.

2-    Jnan Sbil Gardens (Bou Jeloud)

In the bustling medina, this tranquil oasis is the sole public garden. Enjoy the gorgeous water features, birds, plants, flowers, and palm tree-lined walkways while taking a break from negotiating. Relax, cool off, and watch the inhabitants of Fes enjoy the park as well.

3-    The Magical Bou Inania Madrasa

The Bou Inania Madrasa is a well-known religious structure at the medina's heart. The structure, which dates from the 14th century, was formerly a school. However, its magnificent architecture is now on exhibit to the general public. Explore the gorgeous marble courtyard, rich wood sculptures, and unending green mosaic tilework. The next mosque, with its stunning green minaret visible across the medina, continues the color trend. This madrasa is without a doubt the most opulent in the city! Don't miss out on this fantastic Fes activity.

It's convenient to visit while roaming through the medina because of its position. It's also one of the few holy places in Fes that non-Muslims are allowed to visit. Visit this wonderful space early or late in the day to see it at its most peaceful. We arrived at 4 p.m. and there was hardly no one there!

4-    Take in the Smells of the Tanneries

Make sure to visit Fes' world-famous tanneries! Hundreds of clay pits with various colored dyes used to tint animal hides can be found. The tanneries are an important element of Fes culture and one of the nicest things to do in Fes. Be aware, though, that the odor is rather powerful! Locals will try to give you "free mint" to help with the odor, although we've seen many people pay afterward. As a result, it's a good idea to remember to bring some mint or a scarf with you.

Finding a nearby roof terrace is another option for seeing the tanneries. You'll be able to gain a bird's-eye view this way. Visit this place by taking the 4 days tour from Marrakech to Fes.

5-    Africa’s Oldest University: Kairaouine

The Kairaouine Mosque is renowned as the world's oldest university as well as Morocco's second-largest mosque. It is one of Fes' most prominent religious structures, and only Muslims are permitted inside. Although tourists are not permitted to enter the building, you can get a look of it through numerous of the entrance gates. The marble courtyard, fountains, arches, tiles, and embellishments are all worth seeing. Not only that, but many people may be seen worshipping in this holy structure, which is still in use as a university!

Introduction

There are several video content available online through various classroom apps and different online teaching sites in India and the world, where you can find many such videos created so nicely that the learning process automatically becomes easier for students. Digital education concerned educators and content developers by using different tools and technologies to develop video and audio deliverable content that is very interactive. But there are a few things that a content creator or Video creator should keep in mind if they have to develop an interactive video. 

Tips to come up with the best interactive video

To create and deliver a perfect video learning experience to all the learners, the creator needs to put their best to make a particular video or audio interactive. To do so and make content interesting, interactive, and engaging, the creator must follow the following steps mentioned below in the article. 

Planning should be the priority

At the beginning stage, what is most important to draft out is planning. Planning involves gathering good ideas to maximize the learning outcomes from the interactive video. Once you become aware of your desired results, you must join all the points starting from the start to end and have to plan for alternative ways if, at one stage, things fail. One of the most familiar and popular methods is branch mapping, and with the evolved technologies, we now have apps that could do that for us. 

Test your approach

You are done with the planning, and you have to test the different demographics on which your approach will be based. It is essential to perform testing over the various platforms your interactive video content went to when it was released for the learners. 

Focus on Content

Creating content for students, especially those at their primary stage of education, should connect with the content. The creator should create a scenario or character or anything else that the learner is comfortable getting invested in. Doing things like this will help the creators get good feedback and positive criticism, leading them to prepare the same video. Still, this time should engage learners in the content they want to get invested in. 

Replays should be encouraged

Approaches like spaced learning and repetitive learning should be implemented to get it right. Video or content should be prepared to engage learners' attention to a level where they want to themselves go in a zone of personalized learning and do replays for the same lesson they wish to learn further.  

Incorporation of Gamification 

For the creators, implementing such approaches always becomes more successful. The game thinking skills tell us that the challenge of improving performance and completing the scenario that could engage students in is big motivators and could act in the same way that  Motivational quotes for students do. 

Along with the points mentioned above, a creator for interactive video should also keep it consistent with implementing the latest advancements in tools and technologies. The creators should be more focused on creating interactive content in audio-visual forms, which could relate to reality or realistic scenarios. 

Also, a video or anything like that should be made multi-device ready to work across different platforms, especially over mobile phones. Most learners can access it through their smartphones only. 

The creation of interactive and technology-friendly videos can offer learners a new and engaging experience. Thus the creators can create an effective solution to deal with the current needs for resolving the ongoing learning challenges of the time. 

Overview

HOLDINGS: [1]-A property insurance policy issued to a wine collector did not cover financial losses sustained when the insured bought counterfeit wine because there was no physical loss or damage to the wine collection and the insured's loss of money was not a covered peril; Is definePunitive Damages? Punitive damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. [2]-Although the policy, which insured against direct and accidental loss to covered property, did not expressly limit itself to physical loss or damage, the fundamental nature of property insurance was such that the policy covered only harm to the wine itself, such as fire or theft, and did not insure against financial losses; [3]-Because the insured failed to establish that any type of financial loss was covered, it was irrelevant that the policy did not specifically list fraud as an exclusion; [4]-Parol evidence concerning the insured's expectations was not admissible because the policy was unambiguous.

Outcome

Judgment affirmed.

Procedural Posture

Appellant corporation sought review of an order of the Superior Court of the City and County of San Francisco (California), which denied the corporation's motion to enter satisfaction of a judgment secured by respondent contractor against the corporation.

Overview

An agreement was entered into between the contractor and the administratrix of an estate for settlement of claims to oil and gas royalties. The corporation contended that the decedent and the corporation's predecessor were joint tortfeasors and that the agreement between the contractor and the administratrix constituted a compromise and settlement of a tort action with one joint tortfeasor, a release from further liability of that tort feasor, and a release of all other joint tort feasors. Discovery Cutoff define as the end of discovery is commonly. The court affirmed the judgment of the superior court, which denied the corporation's motion to enter satisfaction of a judgment in light of the agreement between the contractor and the administratrix because this was an action in contract not in tort. Specifically, the court found that the settlement with the administratrix did not release the corporation as an assignee of property owned by the decedent because the decedent and the corporation were not jointly liable for the entire claim as the corporation took its property subject to the terms of the original contract between the contractor and the decedent. The corporation was only liable for those royalties to which it had legal title.

Outcome

The court affirmed that trial court's order denying the corporation's motion to enter satisfaction of a judgment.

Procedural Posture

Appellant, the assignee of a corporation's rights under a purchase and sublease agreement, sought review of a decision by the Superior Court of San Mateo County (California), which granted summary judgment in favor of respondent, the buyer and sublessor under the agreement, in appellant's action for damages on a breach of contract theory.

Overview

Respondent purchased a café and the sublease for the café premises from a corporation. Respondent defaulted on the agreement and appellant, as assignee of the corporation's rights, commenced a breach of contract action. Respondent moved for summary judgment on the grounds that the corporation's powers had been suspended for nonpayment of taxes, the purported assignment from the corporation to appellant was ineffective, and that the sale and sublease agreements between the corporation and respondent were, therefore, voidable by respondent. Can I Sue My Landlord? y landlord takes your security deposit illegally, rental unit is inhabitable. The trial court granted respondent's motion for summary judgment. In affirming, the court rejected appellant's argument that respondent failed to produce evidence that the purported suspension of the corporation complied with the statutory provisions. Furthermore, the court concluded that restoration of the corporation's powers did not override respondent's right to treat his contractual obligations with the corporation as voidable. Lastly, the court rejected appellant's claim that equitable estoppel existed as a triable issue, because appellant offered no evidence that respondent was aware of the corporation's disability.

Outcome

The court affirmed the trial court's summary judgment ruling against appellant, the assignee of a corporation's rights under a purchase and sublease agreement. The court held that the agreement between appellant and respondent, the buyer and sublessor under the agreement, was voidable at the option of respondent, because the corporation's powers were suspended due to its failure to pay taxes at the time the parties entered into the agreement.

Plaintiff executrix, defendant title holder, and intervener trustees all appealed an order from the Superior Court of San Mateo County (California), which declared that the entire beneficial title to the property in dispute was vested in intervener land association and that none of the other parties had any right, title, or interest therein.

The executrix's decedent, the title holder, and others had formed the land association to sell land to a cemetery association. The land association issued bonds, upon which the land association defaulted when the cemetery association breached the contract. The land was sold in a foreclosure proceeding, and the cemetery association bought it. The decedent, the title holder, and other stockholders revived the land association and attempted to tender an offer to the cemetery association to redeem the land association's rights in the property. The title holder secured legal title to the property and filed suit against the cemetery association to recover the property, in which suit he prevailed. In the suit filed by the executrix, the trial court determined that the title holder took the legal title subject to an oral trust in favor of the land association. On appeal, the court affirmed. The court held that it was forbidden by its own rule regarding conflicting evidence in the record to interfere with the judgment. The court held that the statute of limitations did not bar the action and that the trial court's decision was supported by sufficient evidence.

The court affirmed the superior court's order.

 Plaintiff executrix, defendant title holder, and intervener trustees all appealed an order from the Superior Court of San Mateo County (California), which declared that the entire beneficial title to the property in dispute was vested in intervener land association and that none of the other parties had any right, title, or interest therein.

The executrix's decedent, the title holder, and others had formed the land association to sell land to a cemetery association. The land association issued bonds, upon which the land association defaulted when the cemetery association breached the contract. The land was sold in a foreclosure proceeding, and the cemetery association bought it. California Penal Code 487 PC defines the crime of grand theft as unlawfully taking someone else's money, labor or property valued at $950.00 or greater. The decedent, the title holder, and other stockholders revived the land association and attempted to tender an offer to the cemetery association to redeem the land association's rights in the property. The title holder secured legal title to the property and filed suit against the cemetery association to recover the property, in which suit he prevailed. In the suit filed by the executrix, the trial court determined that the title holder took the legal title subject to an oral trust in favor of the land association. On appeal, the court affirmed. The court held that it was forbidden by its own rule regarding conflicting evidence in the record to interfere with the judgment. The court held that the statute of limitations did not bar the action and that the trial court's decision was supported by sufficient evidence.

The court affirmed the superior court's order.

Procedural Posture

Plaintiff orthopedic surgeons sued defendant medical device company and other defendants for, among other things, breach of contract and fraud. Defendants petitioned to compel arbitration, alleging the existence of a written agreement to arbitrate. The Orange County Superior Court, California, denied defendants' petition, finding that the petition failed to satisfy the requirements of Code Civ. Proc., § 1281.2. Defendants appealed.

Overview

The complaint alleged that plaintiffs entered into four separate but identical agreements with defendants for the development of an orthopedic spinal medical device. The court concluded that defendants' petition to compel arbitration was properly denied because defendants failed to affirmatively allege the existence of a written agreement to arbitrate. Defendants failed to satisfy the most basic statutory prerequisite to granting the petition - to allege the existence of a written agreement to arbitrate. Children Abandonment occurs when a parent, guardian, or person in charge of a child either deserts a child without any regard for the child's. Defendants could not rely on the allegations in the complaint to meet their pleading burden. Although defendants contended that the denial of their petition to compel arbitration was improper, at least in part, because they did not deny the existence of a written agreement with one of the surgeons, this argument failed for two reasons. First, defendants did not affirmatively allege a written agreement with this surgeon. Second, defendants' memorandum in support of their petition to compel arbitration demonstrated otherwise. Because defendants contested the existence of "any" written agreements with plaintiffs at the trial level, they could not argue otherwise on appeal.

Outcome

The order denying defendants' petition to compel arbitration was affirmed.

Procedural Posture: Los Angeles business litigation attorneys

Plaintiff homeowners appealed an order of the Superior Court of Orange County, California, granting defendant homeowners association's Code Civ. Proc., § 425.16, motion to strike the complaint, which asserted causes of action for breach of contract, declaratory relief, nuisance, breach of the implied covenant of good faith and fair dealing, violations of Civ. Code, § 1378, and Bus. & Prof. Code, § 17200, and breach of fiduciary duty.

Overview

The court agreed with the homeowners that the trial court erred in construing all matters in connection with a homeowners association's application of architectural guidelines as matters to which § 425.16 applied. Not every mundane communication between a homeowners association and a homeowner gave rise to a freedom of speech issue. Section 425.16, subd. (e)(4), did not come into play unless the right of free speech or the right to petition was involved. The cause of action itself had to be based on the speech or petitioning activity. If neither of those rights was at stake, § 425.16, subd. (e)(4), was inapplicable, irrespective of whether the subject of the dispute might otherwise be a matter of public interest. In the instant case, the act of putting demands concerning conditions, covenants, and restrictions compliance in writing gave rise to breach of contract and other causes of action that did not raise free speech concerns. Consequently, the trial court erred in granting the association's motion because the association's actions that formed the basis of the homeowners' causes of action were not undertaken in furtherance of the association's right of free speech.

Outcome

The court reversed the order.

Procedural Posture: EEOC defense attorney

Plaintiff sales agent appealed the judgment of the Superior Court of the City and County of San Francisco (California), which found in favor of defendant broadcasting corporation. The sales agent filed an action against the broadcasting corporation to recover damages for the corporation's alleged breach of the agent's employment contract.

Overview

The agent filed an action against the corporation to recover commissions on an alleged contract for personal services and to recover damages for the corporation's breach of contract. The court issued a subsequent judgment in the corporation's favor. The court affirmed the judgment of the trial court. The court noted that the trial court did not commit prejudicial error when it admitted testimony of the corporation's president about the meaning of the words "resell and renew" in the agent's contract. The court further noted that the trial court did not commit prejudicial error when it rejected the agent's offer of proof of the customary meaning of such works. The court determined that the purpose of the agent's inquiry was to show a custom or usage contrary to the express language of the written contract. The court noted that usage was never admissible, except as an instrument of interpretation. The court recognized that the terms of a written contract could not be varied by parol proof of a custom where the contract was certain in its terms.

Outcome

The court affirmed the trial court's judgment.

Procedural Posture: EEOC defense attorney

Defendant lessee appealed an order refusing him a new trial and a judgment from the Superior Court of Siskiyou County (California) that awarded damages to plaintiff lessor for the breach by the lessee of a written lease contract by which the lessee acquired the right to farm on land owned by the lessor provided that the lessee purchased certain equipment and built a barn on the premises.

Overview

The lessee claimed that there was insufficient evidence to support the findings of fact by the trial court which determined that the lessee had breached the terms of the lease contract by failing to purchase the farm equipment and build the barn required by the lease. The court determined the lessor had requested the lessee to purchase the required equipment on a number of occasions, but the lessee refused to do so. The court also determined that the barn was not built by the lessee as required. The court held that there was sufficient evidence to support the trial court's findings and the damages awarded to the lessor. The court also held that the lessee was not entitled to the liquidated damages provided under the terms of the contract for the lessor's cancellation of the lease contract when the cancellation was caused by the lessee's breach of the contract.

Outcome

The court affirmed the order of the trial court that denied the lessee a new trial and the trial court's judgment that awarded the lessor damages against the lessee.