During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.

Judgments

Subscribe to California Appellate Tracker

Thank you for your desire to subscribe to Severson & Werson’s Appellate Tracker Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

A plaintiff alleging an accounting action must plead a specific dollar amount to support a default judgment awarding monetary relief.  The complaint can plead an estimated amount of damage and can err on the high side.  The decision does not resolve how the maximum default recovery is to be calculated if the complaint's prayer does not distinctly request award of… Read More

To amend a judgment to name an alter ego, the plaintiff must show that the alter ego controled the litigation and were virtually represented in that proceeding, that there is a unity of interest and ownership such that the separate personalities of entities and owners no longer exists, and that an inequitable result would result if the entity's separate existence… Read More

This decision reverses the trial court's denial of defendant's motion to set aside a default judgment and the underlying default under CCP 473.5 and for extrinsic mistake or fraud.  Plaintiff lent to defendant's CEO, who without authority pledged defendant's assets as collateral for the loan, which he invested in a Ghanaian scam.  Plaintiff filed suit against the CEO and defendant,… Read More

Plaintiff was injured while working on a rescue boat owned by defendant.  Plaintiff did not file a timely government claim within 6 months of his injury, but did file a timely application for permission to present a late claim, within one year of the injury.  Defendant's response to the application stated that it had denied plaintiff's claim, not his application,… Read More

To qualify as a notice of entry of judgment under Code of Civil Procedure section 664.5, the clerk’s mailed notice must affirmatively state that it was given ‘upon order by the court’ or ‘under section 664.5,’ and a certificate of mailing the notice must be executed and placed in the file.” (Van Beurden Ins. Services, Inc. v. Customized Worldwide Weather… Read More

Under the FRCivP 58(e), a judgment is final and appealable when entered, even though the district court retains jurisdiction to rule on a motion to tax costs or award attorney fees, unless the district court orders that the judgment is not final until the motion is ruled upon.  A notice of appeal filed within 30 days of entry of the… Read More

Under CCP 664.6, the court may, if the section's conditions are met, enter judgment enforcing the parties' settlement.  However, that judgment must state all terms of the settlement agreement that have not yet been fully performed.  The judgment can do nothing else.  If the settlement reserves jurisdiction in the court to enforce the settlement, the court may, after entering judgment… Read More

Plaintiff, whose lawsuit was dismissed after defendant’s demurrer to the complaint was sustained without leave to amend because no opposition was filed, was entitled to mandatory relief from judgment after his attorney admitted fault in the form of ignorance of Code of Civil Procedure’s deadlines for filing an amended complaint. Read More

The creditor of a father could not sue son to collect supposedly fraudulent transfer of money in the form of tuition payments that father made to cover son’s university education. Read More

1 2 3