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.

California Appellate Tracker

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.

Borrower’s pre-foreclosure securitization suit was properly dismissed because judicially noticeable documents show that the challenged loan transfer was valid, not void as the borrower alleged.  Read More

The defendant’s jury demand in the bankruptcy trustee’s adversary proceeding did not deprive the bankruptcy court of jurisdiction to decide a non-merits issue, such as whether to compel arbitration, and arbitration was properly denied since, in claiming a fraudulent transfer, the trustee stepped into the shoes of a judgment creditor, not the debtor, which had signed the arbitration clause.  Read More

A vexatious litigant pre-filing order under CCP 391.7 prevents appeals by plaintiffs, but not by defendants. Read More

The local controversy exception to federal CAFA jurisdiction applied in this pollution class action because the plaintiffs sought significant relief from and based their suit in significant part on a nondiverse defendant’s negligence in performing its contract to remediate the diverse defendant’s pollution. Read More

Independent contractors hired by a governmental entity for purposes of letting public contracts are subject to the same anti-corruption prohibitions that apply to government officers and employees, who are forbidden from having any interest in public contracts that they let.  Read More

CCP 340.5’s one-year-from-discovery limitations period applies to a patient’s claim she was injured by a hospital negligent maintenance of its equipment or furniture if the particular equipment or furniture (here, guard rails on a hospital bed) are integrally related to medical diagnosis or treatment of the patient.  Read More

The actual facts, not the claimant’s allegations, determine whether an action arose from conduct in the course of employment for purposes of determining whether a governmental entity must reimburse its employee for cost incurred in defending the claimant’s suit.  Read More

Plaintiff suing a federal official in her individual capacity for violation of constitutional rights may recover only damages, not injunctive or declaratory relief.  Read More

A motion to compel arbitration was properly denied because current suit challenged a corporate acquisition while the arbitration clause covered only exclusive marketing arrangements. Read More

An insurer that was assigned its insured’s claim against its subcontractor could continue the suit in the insured’s name under CCP 368.5 after the assignment, but could not use that procedural convenience to avoid liability for the subcontractor’s attorney fees when it lost. Read More

1 189 190 191 192 193 200