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Estate of elderly plaintiff was entitled to a constructive trust when plaintiff’s son’s wife diverted to her own use funds that son and wife agreed to hold in a bank account for plaintiff’s benefit.  Read More

The mandatory attorney-fault provision of Code of Civil Procedure section 473(b) applies only to judgments of dismissal or default and not to other types of judgment, such as, here, a trial on the merits of an administrative mandate proceeding in which judgment was rendered for the defendant agency.  Read More

No supersedeas bond is needed to stay enforcement of a money judgment on appeal if the appellant pays any damages the judgment awards and appeals only the judgment’s award of attorney fees and costs.  Read More

The $500 cap on statutory damages for violations of Health and Safety Code § 1430(b) by a nursing home is not per lawsuit, but rather per cause of action.  Read More

Trial court did not abuse its discretion in appointing a receiver to cause defendant’s hotel to remediate housing code violations after judgment was entered against defendant and defendant was given 18 months in which to cure the violations on his own.  Read More

District court properly denied equitable relief to plaintiff whose attorney filed a claim challenging a forfeiture one day late, since this error was the result of ordinary negligence rather than an extraordinary circumstance that would warrant relief.  Read More

A trial court may issue a preliminary injunction mandating an affirmative act that changes the status quo, but only in extreme cases when the right to the injunction is clearly established; in this case, the trial court properly ordered defendant software developer to turn over source code to its customer, the plaintiff, so plaintiff could alter the software to make… Read More

The trial court erred in awarding damages in the amount of the difference between the amount of commission the parties sought in a separate suit against a third party and the amount for which they settled that suit, since the outcome of the lawsuit if prosecuted to completion was merely a matter of speculation.  Read More

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