California Estoppel Law

Jack Lee v. Cheng-Chie Lee

Santa Ana, California family law lawyers represented the parties in a divorce. Cheng-Chie Lee, who goes by the nickname "Jeff," contests findings made after a bench trial on competing petitions filed by himself and his older brother regarding assets in their parents' trust. Jeff's[1] petition sought to invalidate a trust document which disinherited him. His brother, Jack, responded with a... More...

$0 (04-20-2025 - CA)

United States of America v. LUKE WILSON

<center><h2><center> San Francisco, CA - Criminal defense lawyer represented defendant with a possession and distribution of child pornography charge. </h2></center> The panel vacated a conviction for possession and distribution of child pornography, reversed the district court's denial of a motion to suppress, and remanded for further proceeding... More...

$0 (11-01-2021 - CA)

SNOQUALMIE INDIAN TRIBE, a federally recognized Indian tribe on its own behalf and as parens patriae on behalf of its members v. STATE OF WASHINGTON; JAY ROBERT INSLEE, Governor; KELLY SUSEWIND, Washington Department of Fish & Wildlife Director

<center><h2><center> San Francisco, CA - Indian Treaty Rights lawyer represented Plaintiff-Appellant with seeking a declaration that it is a signatory to the Treaty of Point Elliott and that its reserved off-reservation hunting and gathering rights under the Treaty continue.. </h2></center> The Treaty has been the subject of extensive litigation. Beca... More...

$0 (10-03-2021 - CA)

United States of America v. LUKE NOEL WILSON

<center><h2><center>San Francisco - Criminal defense lawyer represented defendant with a possession and distribution of child pornography charge.</h2></center> We once again consider the application of the Fourth Amendment's warrant requirement to new forms of communication technology. See, e.g., United States v. Cano, 934 F.3d 1002 (9t... More...

$0 (10-02-2021 - CA)

In re J.P., a Person Coming Under the Juvenile Court Law, Santa Clara County Department of family and Children's Services v. M.D.

M.D. (mother) appeals from the juvenile court’s order granting her ex-boyfriend (Albert) presumed parent status for her son, J.P. Mother argues that the juvenile court did not have the authority under Welfare and Institutions Code section 3851 to reconsider its prior order in which it found that Albert did not qualify as a presumed parent to J.P. We disagree and conclude that the... More...

$0 (10-04-2020 - CA)

Arash Alborzi v. University of Southern California

Plaintiffs Arash Alborzi, M.D., and Arash Alborzi, M.D., Inc. sued defendants University of Southern California, Keck School of Medicine of USC, and USC Verdugo Hills Hospital (collectively, USC); as well as Concord Hospitalist Group and Elevate Health Group. Alborzi and his corporation were part of a panel of on-call physicians at Verdugo Hills Hospital. Plaintiffs alleged... More...

$0 (10-01-2020 - CA)

Corinna Reyes v. Kim Kruger

Appellants Corinna Reyes and Golden State Care Collective, Inc. (together, “Reyes” or “appellants”), filed a complaint for malicious prosecution against property owner Kim Kruger and Kim Kruger Trust (together, Kruger) and Kruger’s former attorney, Todd Rothbard (Rothbard), for what Reyes contended was a wrongful eviction. The trial court granted Kruger’s and Rothbard�... More...

$0 (09-28-2020 - CA)

Oakland Bulk and Oversized Terminal, LLC v. City of Oakland

Oakland, CA - Breach of Contract, SLAPP <center> <img width="400" src="http://www.morelawtv.com/wp-content/uploads/2020/08/Oakland_CA.jpg"> </center> The City of Oakland (City) entered into a series of agreements with Oakland Bulk and Oversized Terminal, LLC (OBOT) for the development of the land at the site of the former Oakland Army Base. It was to be a huge ... More...

$0 (09-20-2020 - CA)

Mohamed Aljabban v. Fontana Indoor Swap Meet, Inc.

San Bernardino, CA - Landlord and Tenant <center> <img width="400" src="http://www.morelawtv.com/wp-content/uploads/2020/09/San_Bernardion_CA.jpg"> </center> A. The Swap Meet FISM operates an indoor swap meet in the city of Fontana (the Swap Meet), consisting of a collection of approximately 75 businesses operating under one roof in individually assigned space... More...

$0 (09-12-2020 - CA)

Richard Marshall v. Daniel Webster

<center> <img width="400" src="http://www.morelawtv.com/wp-content/uploads/2020/09/Yreka_CA.png"> </center> Plaintiffs Richard and Susan Marshall sued for defamation and intentional infliction of emotional distress, alleging that defendant Daniel Webster made maliciously false and defamatory statements about them in an electronic book and on social media. On May 11, 2... More...

$0 (09-06-2020 - CA)

Richard Robinson v. Southern Counties Oil Company

Plaintiff Richard Robinson, on behalf of himself and other aggrieved employees, appeals from the judgment entered in favor of his former employer defendant Southern Counties Oil Company (Southern Counties). Robinson’s complaint seeks civil penalties under the Labor Code Private Attorneys General Act of 2004 (PAGA) (Lab. Code,1 § 2698 et seq.) based on Southern Counties’s alleg... More...

$0 (08-14-2020 - CA)

Richard Paul Rutgard v. City of Los Angeles

California’s Eminent Domain Law (Code Civ. Proc., § 1230.010 et seq.) 1 —and, in particular, Code of Civil Procedure section 1245.245—provides that when “[p]roperty acquired by a public entity [through eminent domain] . . . is not used for [its intended] public use . . . within 10 years of adoption of the resolution of necessity [that authorized its taking],” the... More...

$0 (07-31-2020 - CA)

Ronald Talley v. County of Fresno

Plaintiff Ronald Talley pleaded nolo contendre to a criminal offense for which he was sentenced to 18 days in the Fresno County Jail. Rather than serving those days in county jail, plaintiff was deemed eligible to serve the sentence by participation in the Adult Offender Work Program (AOWP) administered by Fresno County’s Probation Department. Plaintiff was injured while performi... More...

$0 (07-11-2020 - CA)

WFG National Title Insurance Company v. Wells Fargo Bank, N.A.

This matter arises out of an alleged mortgage fraud scheme designed to defraud mortgage lenders and involving numerous realtors, loan brokers, loan officers, and real estate brokers. One defrauded lender is Milestone Financial d/b/a Alviso Funding (Alviso), the original plaintiff in this case. The operative complaint alleges that various defendants set up a sham transaction... More...

$0 (07-08-2020 - CA)

State Compensation Insurance Fund v. Readylink Healthcare, Inc.

Defendant ReadyLink Healthcare, Inc. (ReadyLink) is a nurse staffing company that places nurses in hospitals, typically on a short-term basis. Plaintiff State Compensation Insurance Fund (SCIF) is a public enterprise fund created by statute as a workers' compensation insurer. Like private workers' compensation insurers, SCIF provides workers' compensation insurance to employers. Th... More...

$0 (06-15-2020 - CA)

Matthew Boermeester v. Ainsley Carry

Matthew Boermeester was expelled from the University of Southern California (USC) for committing intimate partner violence against Jane Roe.1 The superior court denied his petition for writ of administrative mandate to set aside the expulsion. He appeals, contending, among other things, that the process leading to his expulsion violated his right to a fair hearing. We conclude ... More...

$0 (06-01-2020 - CA)

J. Niley Dorit v. Jack Noe

In January 2018, Noe hired Dorit to evaluate the medical records of Noe’s deceased mother for a potential medical malpractice suit against her doctors. The parties signed a fee agreement in which Noe agreed to pay Dorit a $10,000 non-refundable retainer fee. This sum was intended to cover Dorit’s time spent evaluating the claim, as well as “the costs of additional medical... More...

$0 (05-30-2020 - CA)

Third Laguna Hills Mutual v. Jeff A. Joslin

Strategic Lawsuits Against Public Participation (SLAPP suits) are meritless lawsuits designed to punish parties for protected activities (the right to petition or free speech). A party can move to strike a SLAPP suit by filing an anti-SLAPP motion. (Code Civ. Proc., § 425.16.)1 There is a two-prong test: the moving party must show the lawsuit arises from its protected activit... More...

$0 (05-27-2020 - CA)

SLPR, LLC v. San Diego Unified Port District

<center><h1> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a>VOIP Phone and Virtual Receptionist Services Call 918-582-6422 Today </h1></center> Plaintiffs SLPR, L.L.C. (SLPR), Ann Goodfellow, trustee of the survivor's trust of the Go... More...

$0 (05-25-2020 - CA)

James Willis v. City of Carlsbad

<center><h1> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a>VOIP Phone and Virtual Receptionist Services Call 918-582-6422 Today </h1></center> Plaintiff and appellant James Willis, a peace officer employed by the Carlsbad Police Dep... More...

$0 (05-16-2020 - CA)

Lynn Schuler v. Capital Agricultural Property Services, Inc.

In this negligence/trespass action, Lynn Shuler and Michael Shuler appeal from the judgment entered after a jury returned a special verdict in their favor and against respondents Capital Agricultural Property Services, Inc., et al. Appellants claim the trial court erroneously reduced by 68 percent the economic damages awarded by the jury. The court made the reduction becaus... More...

$0 (05-15-2020 - CA)

Crosno Construction, Inc. v. Travelers Casualty and Surety Company of America

North Edwards Water District (the District) selected Clark Bros., Inc. (Clark) as its general or direct contractor on a public works project to build an arsenic removal water treatment plant. Clark hired subcontractor Crosno Construction (Crosno) to build and coat two steel reservoir tanks. The subcontract contained a "pay-when-paid" provision that stated Clark would pay Crosno wit... More...

$0 (04-18-2020 - CA)

501 East 51st Street, Long-Beach-10, LLC v. Kookmin Best Insurance Co., Ltd.

<center><h1> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a>VOIP Phone and Virtual Receptionist Services Call 918-582-6422 Today </h1></center> This is an insurance bad faith lawsuit. Plaintiff 501 East 51st Street, Long Beach-1... More...

$0 (04-17-2020 - CA)

Justin Kim v. Reins International California, Inc.

This case presents an issue of first impression: Do employees lose standing to pursue a claim under the Labor Code Private Attorneys General Act of 2004 (PAGA; Lab. Code, § 2698 et seq.)1 if they settle and dismiss their individual claims for Labor Code violations? We conclude the answer is no. Settlement of individual claims does not strip an aggrieved employee of sta... More...

$0 (04-13-2020 - CA)

Frederic Carl Sannmann v. Department of Justice

In 1997, Frederic Sannmann pleaded guilty to felony robbery (Pen. Code, § 211),1 which rendered him ineligible to own firearms (former § 12021, now § 29800). In 2003, he successfully moved under section 1203.4, subdivision (a) (hereafter § 1203.4(a)) to set aside his conviction for most purposes. By statute, this relief did not restore Sannmann's right to own firearms. (§ 1203... More...

$0 (04-10-2020 - CA)

Delores Tarin v. Rochelle Lind

Plaintiff and appellant Dolores Tarin (Dolores) appeals from the judgment after the trial court granted three judgments on the pleadings in favor of defendants and respondents Rochelle Lind (Rochelle) and Jesse Tarin (Jesse)1 (collectively, defendants), and Dolores dismissed her remaining claims. Dolores alleged that defendants interfered in Dolores’s relationship with he... More...

$0 (04-04-2020 - CA)

Michael Reynaud v. Technicolor Creative Services USA, Inc.

<center><h1> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a>VOIP Phone and Virtual Receptionist Services Call 918-582-6422 Today </h1></center> Plaintiffs and respondents Michael Reynaud and Fiona Reynaud1 prevailed at trial on their... More...

$0 (03-25-2020 - CA)

Fidelity National Home Warranty Company cases

<center><h1> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a>VOIP Phone and Virtual Receptionist Services Call 918-582-6422 Today </h1></center> Plaintiffs Dan Kaplan, James Baker, Janice Fistolera, Fernando Palacios, and Hamid Aliaba... More...

$0 (03-22-2020 - CA)

Victrola 89, LLC v. Jaman Properties 8, LLC

After respondent Victrola 89, LLC (Victrola) purchased a house (the Property) from appellant Jaman Properties 8, LLC (JP8), Victrola filed suit against JP8, appellant Jaman Properties, Inc. (JP), and their principal, appellant Michael Manheim (collectively, the Jaman Parties), among others, regarding allegedly undisclosed and unrepaired defects in the Property. Based on the... More...

$0 (03-12-2020 - CA)

Victrola 89, LLC v. Jaman Properties 8, LLC

$0 (03-12-2020 - CA)

In re the Marriage of Mary Kay Brewster and Chris Clevenger, Mary Kay Brewster v. Chris Clevenger

In this marital dissolution proceeding, the trial court entered judgment denying appellant Mary Kay Brewster’s (Mary Kay) request for spousal support orders because she suffered criminal convictions for acts of domestic violence against respondent Chris Clevenger (Chris). In doing so, the trial court determined Mary Kay had not overcome the rebuttable presumption set forth in Fam... More...

$0 (03-09-2020 - CA)

Textron, Inc. v. Travelers Casualty and Surety Company

This insurance coverage dispute between Appellant Textron Inc. (Textron) and respondent Travelers Casualty and Surety Company (Travelers) raises the issue whether an earlier choice of law ruling in a Rhode Island coverage action between the parties qualifies for collateral and judicial estoppel effect, thus precluding Textron from seeking coverage under California law in the cu... More...

$0 (02-27-2020 - CA)

Hansel Phelps Construction Company v. Department of Corrections and Rehabilitation

Plaintiff Hensel Phelps Construction Company (Phelps) was the low bidder on a public works contract awarded by the California Department of Corrections and Rehabilitation (CDCR) through competitive bidding, and commenced work on the project. Another bidder challenged the award of the contract to Phelps, and was successful, obtaining a ruling in a San Diego trial court that ... More...

$0 (02-26-2020 - CA)

Philadelphia Indemnity Insurance Company v. SMG Holdings, Inc.

This case concerns whether a binding arbitration clause in an insurance policy issued by plaintiff Philadelphia Indemnity Ins. Co., applies to a third party, defendant SMG Holdings, Inc. The trial court ruled it does not. We conclude it does. The policy had been issued to Future Farmers of America, which was holding an event inside the Fresno Convention Center. Future Farmers had l... More...

$0 (01-31-2020 - CA)

Ruben Gamerberg v. 3000 E. 11th St., LLC

In 1950 the owner of property in Boyle Heights agreed to provide eight parking spaces to the owner of a neighboring lot who wanted to build a warehouse exceeding the maximum allowable square footage then permitted by the Los Angeles Municipal Code (LAMC). A notarized parking affidavit documenting the agreement was filed with the Los Angeles Department of Building and Safety... More...

$0 (01-22-2020 - CA)

Nilay B. Patel v. Mercedes-Benz USA, LLC

Plaintiff Nilay B. Patel contracted with defendant Mercedes-Benz USA, LLC (MBUSA) to lease a vehicle. During the lease period, the vehicle’s navigation system experienced recurring problems, which MBUSA was unable to repair. Patel sued MBUSA under the Song-Beverly Consumer Warranty Act (the Act, Civ. Code, §§ 1790-1795.8).1 At trial, the jury found the vehicle had a sub... More...

$0 (01-01-2020 - CA)

Jeremiah Mathews v. Happy Valley Conference Center, Inc.

Plaintiff Jeremiah Mathews worked as a maintenance supervisor and a cook for defendant Happy Valley Conference Center, Inc. (Happy Valley), which hosts seminars, retreats, and camps on a 30-acre property in the Santa Cruz Mountains. Happy Valley is a subordinate affiliate of defendant Community of Christ (the Church). When a younger male employee confided in plaintiff that Hap... More...

$0 (12-16-2019 - CA)

Association for Los Angeles Deputy Sheriffs v. County of Los Angeles

The Association for Los Angeles Deputy Sheriffs (ALADS) appeals from a judgment following the trial court’s ruling sustaining a demurrer to ALADS’s complaint without leave to amend. ALADS sued respondent County of Los Angeles (County) concerning the County’s alleged breach of a labor agreement. The trial court sustained the County’s demurrer on the sole ground that ... More...

$0 (12-03-2019 - CA)

In re the Marriage of Mark and Terri Bittenson, Mark Bittenson v. Terri Bittenson

Family law practitioners should read this opinion with the following in mind: “[F]amily law court is a court of equity . . . .” (E.g., In re Marriage of Boswell (2014) 225 Cal.App.4th 1172, 1174.) Appellate attack upon a discretionary trial court ruling is an “uphill battle.” (Estate of Gilkison (1998) 65 Cal.App.4th 1443, 1448.) Mark Bittenson (husband) appeals a p... More...

$0 (10-22-2019 - CA)

Starview Property, LLC v. Stephen Y. Lee

In this acrimonious dispute between neighbors over a driveway easement, defendants Stephen and Tracy Lee appeal the trial court’s denial of a motion pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP statute,1 directed at three claims plaintiff Starview Property, LLC asserted for the first time in its first amended complaint. Although the Lees’ motion wa... More...

$0 (10-19-2019 - CA)