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The trial court abused its discretion in denying a prevailing plaintiff attorney fees since the defendant’s initial settlement offer (which the plaintiff rejected) did not comply with section 998. Read More

Trial court properly declined to certify a class in putative wage and hour class action brought by property inspectors because even though common questions predominated, the plaintiffs' proposed trial plan of proving liability by means of an expert's testimony based on a double-blind survey he conducted of a random sample of class members was unmanageable, inadequate, and unfair. Read More

When a trial court applies a substantial negative multiplier to a presumptively accurate lodestar attorney fee amount, the court must clearly explain its case-specific reasons for the percentage reduction, and the trial court abuses its discretion if the reasons for the reduction include tying the fee award to some proportion of the buyer’s damages. Read More

The statute of limitations for rescission enforcement actions under the Truth in Lending Act is the state law limitations period for suit on a written contract—six years in Washington, four years in California. Read More

A new owner that succeeds to rights under an existing lease must disclose information about itself within 15 days of succeeding to the prior owner and may not serve a three-day notice to quit based on rent that fell due during any period of noncompliance by the successor owner with that requirement, but this rule does not apply to a… Read More

Plaintiff borrowers declaration that he did not recall receiving thirty or more telephone calls with servicer prior to recordation of a notice of default on his mortgage loan did not suffice to create a triable issue of fact as to whether those contacts had taken place since he did not deny that they happened. Read More

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