Hawkins v. SunTrust Bank
A South Carolina judicial foreclosure judgment barred borrower’s California suit for wrongful foreclosure. Read More
A South Carolina judicial foreclosure judgment barred borrower’s California suit for wrongful foreclosure. Read More
USC violated common law standards of fair procedure in disciplining Doe in connection with a group sexual encounter at a fraternity party, by giving him inadequate notice of the charges against him and denying him a fair hearing. Read More
The attorney and mental health care worker certificates of merit that an adult older than 26 must file to bring a claim for childhood sexual abuse need not be verified but must state facts as to each defendant sufficient to allow the trial court to assess the suit’s potential merit. Read More
To preserve a statute of limitations defense, the answer must (1) allege facts showing that the action is time-barred and showing that the defense of the statute of limitations is being raised, or (2) plead the specific section and subdivision of the CCP which is applicable and bars the suit; catch-all references to a range of statutes are insufficient to… Read More
If a qui tam False Claims Act suit rests on genuinely new and material information not publicly disclosed by a government audit, report, hearing or investigation, the suit may proceed though it arises from the same transactions as the prior public disclosure. Read More
Plaintiff is the prevailing party entitled to an award of court costs under CCP 1032 on entry of a judgment of dismissal pursuant to a settlement under which plaintiff received monetary compensation for his or her claims. Read More
Though it bears the label "trust," a real estate investment trust is a separate legal entity which can sue and be sued; so for diversity purposes, it is a citizen of every state of which any of its members is a citizen. Read More