Business

Procedural Posture

Procedural Posture

Appellant insurer appealed judgment from Superior Court of Los Angeles County (California) ruling that appellant had not secured a right of reimbursement against appellee insured and dismissing appellant’s cross-claims and from jury’s verdict on appellee’s bad faith claim. Overview In answer to respondent’s agent’s suit, […]

Procedural Posture

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Plaintiffs, American manufacturers, sought review of a judgment from the Superior Court of Los Angeles County (California), which granted summary judgment to defendants, Chinese manufacturers and subsidiaries thereof, in an action arising from the alleged breach of a contract to be performed in Iran. Overview […]

Procedural Posture

Procedural Posture

Defendant manufacturer appealed from an order of the Superior Court of San Diego County (California), which denied the manufacturer’s motion to strike a complaint filed by plaintiffs, a consumer and her husband, under California’s anti-SLAPP statute, Cal. Code Civ. Proc. § 425.16. The parties were […]

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Overview

Overview

A magistrate judge recommended that a trademark holder’s motion for default judgment be granted where the bankruptcy stay did not protect defendant’s commission of trademark and service mark infringement, the possibility of prejudice to the holder in the absence of a default judgment would have […]

Overview

Overview

The borrowers were not judicially estopped from bringing an action challenging a foreclosure where the bankruptcy court did not rely on or accept their bankruptcy filings in dismissing their Chapter 13 bankruptcy proceeding. Although a state law claim alleging violations of the Home Affordable Modification […]

Overview

Overview

In a putative class action, plaintiff consumer sued defendant telephone company. The company moved to stay the proceeding pending a decision in a United States Supreme Court case. A ruling in the Supreme Court case would be beneficial to the court in hearing the present […]

Overview

Overview

HOLDINGS: [1]-Plaintiffs’ Rosenthal Fair Debt Collection Practices Act and declaratory relief claims were barred by res judicata because it involved the same primary right as previously litigated, both plaintiffs and defendant were parties to all previous actions as well as the current litigation, and the […]