In a reversal for the defendants, the Fourth District Court of Appeals reversed an order granted by the San Diego Superior Court striking a malpractice action brought against an attorney. Indicating that the petition activity was incidental to the petition action...
Month: August 2007
New Decision On Costs And Effects Of Rejection Of CCP 998 Offer
On Behalf of The McMillan Law Firm, APC | Aug 26, 2007 | Firm News
The Court of Appeals denied the challenge to the trial court’s award of costs finding that plaintiff’s pursuit of action in multiple capacities—individually, as successor-in-interest to her deceased husband, and as his legal heir—did not make her “multiple plaintiffs”...
Benitez v. Wilbur, 2008 U.S. Dist. LEXIS 15018
On Behalf of The McMillan Law Firm, APC | Aug 26, 2007 | Firm News
Plaintiff’s tenth cause of action was brought under the PAGA for alleged Labor Code Violations. Defendants argued that the Plaintiff’s failed to properly plead this cause of action because case law requires the claim to be plead as a class action, with all the...
Parlour Enterprises, Inc. V. The Kirin Group, Inc. – Farrell’s Franchisor Obtains A Reduction Of Damages On Appeal.
On Behalf of The McMillan Law Firm, APC | Aug 26, 2007 | Firm News
This case arose involved some of the same people that founded the Farrell’s restaurant. Franchisee sued franchisor for recovery of lost profits, lost franchise fees, and consequential expenses sustained by plaintiffs when defendants unilaterally terminated their...
Top 5 Costs to be Aware of When Buying a Home
On Behalf of The McMillan Law Firm, APC | Aug 26, 2007 | Real Estate Law
Buying a home can be one of the most exciting, yet nerve-wracking, purchases you will ever make. For most of us, this purchase is the single largest purchase you will ever make. And the whole process around house hunting is not an easy one either. You are potentially...
Park Ranger Is Denied Personal Injury Claim Under The Labor Code For Injury That Occurred Off Duty.
On Behalf of The McMillan Law Firm, APC | Aug 26, 2007 | Insurance Claims
This recent decision from the California Court of Appeal gives warning to any apartment manager that is injured on the premises of the apartment complex whether or not the injury occurred while the apartment manager was performing a job duty. This case arises from a...
Murphy v. Burch – No Easement By Necessity For The Owner Of A Landlocked Parcel.
On Behalf of The McMillan Law Firm, APC | Aug 26, 2007 | Firm News
This is a somewhat unusual case in that the court left a landlocked parcel landlocked reversing the trial court’s grant of an easement by necessity. It appears that the critical fact was that the land transfer arose from a federal land patent. In so reversing, the...
Giovanni B. v. Superior Court (City of Chula Vista Police Department)
On Behalf of The McMillan Law Firm, APC | Aug 26, 2007 | Firm News
Chula Vista police officers successfully avoid providing personall records to alleged juvenile offender who, in support of a motion to suppress based on an unlawful detention and pat-down search and arrest. The minor sought discovery of records pertaining to...
Homeowner Association Law And Remedies
On Behalf of The McMillan Law Firm, APC | Aug 26, 2007 | HOA Disputes
Davis-Sterling Open Meeting Act Frequently Asked Questions What Is The Open Meeting Act? The Open Meeting Act is a law that requires homeowner associations to hold open meetings and allow the members to speak publicly at those meetings. HOA boards have broad powers to...
Objection To Franchise Tax Board’s Claim For Unpaid Taxes Is Overruled.
On Behalf of The McMillan Law Firm, APC | Aug 26, 2007 | Firm News
Patricia Vignola filed for Chapter 13 bankruptcy, and the California Franchise Tax Board (“FTB”) filed a claim for $51,770.99 for tax years 1991 and 1993. Vignola objected to the claim, but the Chapter 13 petition was dismissed before resolution of the claim...