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A loan servicer, and its principal, the loan’s owner, can be held liable to a borrower for negligence  in handling the borrower's loan modification application; however, the borrower has no breach of contract claim for the loan servicer’s failure to offer a permanent loan modification after performance of a non-HAMP trial period plan.  Read More

To prove a common law dedication, plaintiff need only show the owner’s intent to dedicate the property to public use and the public’s acceptance of the dedication; no written conveyance or acceptance by a public entity is required.  Read More

Because a property owner has no right to unobstructed views, the owner cannot sue a city in inverse condemnation for planting trees that block views even if the loss of views lowers the value of the property.  Read More

A party moving to compel arbitration need not authenticate the opposing party's signature on the agreement containing the arbitration clause in its initial moving papers, but can wait until after the opposing party has challenged the authenticity of his signature, so defendant's supplemental declaration which was submitted after its moving papers but before plaintiff's opposition was not untimely.  Read More

Whether the burden on the employer of allowing two 10-minute rest breaks in the middle of the work periods before and after the meal break justified the employer’s practice of allowing only one 20-minute rest break before the meal break was a disputed factual issue precluding summary judgment.  Read More

Policeman stated a viable claim for wrongful termination in violation of his First Amendment rights by alleging that he was demoted because the police department mistakenly thought it observed him supporting a rival candidate for mayor instead of the incumbent.  Read More

Trust beneficiary did not have any right to obtain information about the disposition of assets while the trust was revocable.  Read More

A 998 offer requiring the opposing party to enter into a settlement agreement is not a valid 998 offer; while cases have allowed a 998 offer to demand a release, a settlement agreement is different, more extensive and more subject to disagreement as to form and contents.  Read More

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