A lawyer who allegedly submitted false affidavits of service in order to obtain a default judgment could not be sued for abuse of process for actions taken to collect on the judgment, the California Supreme Court has ruled. The attorney represented clients who were involved in a bitter dispute with the plaintiff and the plaintiff's father over the sale of a home. On behalf of his clients, the attorney sued the plaintiff for fraud. He obtained a default judgment in the fraud case after the plaintiff failed to appear. The attorney subsequently sought to collect on the judgment by applying for a writ of execution and levying on the plaintiff's property in Nevada.
Rape and gross sexual imposition affirmed as there was sufficient evidence and convictions not against manifest weight of the evidence. No abuse of discretion or violation of due process regarding production of California juvenile file, or the trial court's admission of lay and expert witness testimony. Maximum and consecutive sentence affirmed.
The competition is on this year to see which company -- Mercury Insurance or PG&E -- is responsible for the worst abuse of California's initiative process. PG&E's $28million assault on potential competition through Proposition 16 will be tough to top, but Mercury Insurance is doing its best. It's pumping $3.5 million into the campaign to convince voters that Proposition 17's change in insurance regulation is in their best interests. Don't believe it. This is yet another in a long line of direct attacks on Proposition 103, which California voters passed in 1988 to rein in abuses of the insurance industry. It professes to be in consumers' interest, but it is anything but.
In the state's largest verdict to an individual, a Nevada jury awarded $388 million to a 70-year-old inventor who claims he was hounded by California tax authorities for the past 15 years. Gilbert P. Hyatt, an electrical engineer with more than 70 patents, was unanimously awarded $138.1 million in compensatory damages when a Las Vegas jury found the Franchise Tax Board of California liable for fraud, intentional infliction of emotional distress, abuse of process, breach of a confidential relationship and invasion of privacy. The compensatory damages include $85 million for emotional distress, $52 million for invasion of privacy and $1.1 million in attorney fees and prejudgment interest.
SACRAMENTO, Calif., Aug. 24, 2011 /PRNewswire/ -- California specialty contractors recently endorsed Butte County Supervisors' adoption of a resolution to support a pilot program cracking down on contractors' abuse in the workers' compensation system. The California Professional Association of Specialty Contractors (CALPASC) backs the local resolution that immediately implements a 12-month pilot program calling for all pool permits to require verifiable proof of active workers' compensation coverage of all applicants, including contractors and owner builders. Additionally, the program calls for owner builders applying for reroofing permits who claim exemption from workers' compensation coverage to be advised that the California State License Board (CSLB) will be notified when the exempt...
A lawyer who defended himself in a meritless tort case is not entitled to an award of attorney fees under a state law authorizing sanctions for abuse of the legal process, the California Supreme Court has ruled in overturning a $25,000 fee award. A state law authorized trial courts to impose sanctions to check abuses in the filing of pleadings, petitions and other documents. Sanctions for "abusive" filings can include an award to the moving party of "some or all of the reasonable attorney fees and other expenses incurred as a direct result of the violation. In this case, the plaintiff sued the lawyer under various personal injury theories for his conduct in attempting to collect on default judgments on behalf of a client.
... asserting claims for malicious prosecution, abuse of process, and tortious interference with contrac... case law, the district court looked to California law, which has an identically-worded personal inju...
..., through the "use [of] the governmental processas opposed to the outcome of that process-as an antic..., a resort hotel in Palm Springs, California. Having installed videodisc players in the resort'... "sham" litigation as one of two types of "abuse of .. judicial processes": either" 'misrepresentat...
...I yield now to the gentleman from California for one and a half minutes. ROYCE (?): Thank you...., it seems to me (inaudible) -- or abuses of investors here, of financial crises here? That...Our core functions include processing proposed rule changes from exchanges, clearing age...
... for the Central District of California. Robert M. Takasugi, District Judge, Presid...--except with regard to the claim for abuse of process included in the complaint filed by Deat...
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