This appeal addresses standing to bring a cause of action for trespass to realty.
Generally, the tort of trespass protects possessory interests and, therefore, a person in
actual possession of the land may sue for trespass. Ownership or recorded title to land is
not required. Some California decisions state the plaintiff’s possession must be “lawful.”
2.
This opinion addresses... More...   $0 (06-10-2019 - CA)

We recount some of the facts from an opinion authored by
Division Five of this District in the second of two related appeals,
which we will call Wertheim III. (Wertheim, LLC v. Currency
Corp. (Aug. 25, 2017, B270926) [nonpub. opn.].)
In 2009, a jury in Department 44 of the superior court
found Currency liable to Wertheim for breach of contract, and
awarded it $38,554.48. Th... More...   $0 (06-07-2019 - CA)

Petitioners, Allied Signal Aerospace (Allied or employer)
and Constitution State Service Company (collectively
petitioners), sought issuance of a writ of review from this court
following a decision by the Workers’ Compensation Appeals
Board (appeals board) concerning Maxine Wiggs (Wiggs or
employee) and her request for heavy housework assistance. The
writ of review was issu... More...   $0 (06-06-2019 - CA)

Code of Civil Procedure section 9981
creates an incentive
for settlement. It authorizes an award of costs to a party that
makes a pretrial settlement offer when the opponent rejects the
offer and obtains a lesser result at trial. (Martinez v. Brownco
Construction Co. (2013) 56 Cal.4th 1014, 1019.) In 1997, the
Legislature amended the statute to make the same incentive
a... More...   $0 (06-01-2019 - CA)

Tobias Kahan purchased property in Richmond, California at a foreclosure sale.
Shortly before the sale, the City of Richmond (City) had recorded a “special assessment”
lien against the property for unpaid garbage collection fees, pursuant to a municipal
ordinance. When Kahan later sold the property, he had to pay the delinquent garbage
fees as well as administrative charges and esc... More...   $0 (05-26-2019 - CA)

Labor Code section 218.5, an attorney fee-shifting statute in actions for
nonpayment of wages, prohibits a prevailing party employer from recovering attorney
fees unless the trial court finds the employee brought the wage claim in bad faith. This
appeal presents an issue regarding the effect of Labor Code section 218.5 on a prevailing
party employer’s right to recover contract-base... More...   $0 (05-25-2019 - CA)