Stating Damages

In a recent case, the Forth District Court of Appeal held that a complaint that fails to state an amount of damages or states that it will be an amount “to be proved” is void not just voidable. In Airs Aromatics v. CBL Data Recovery Technologies  2018 DJDAR 5045, the Court set aside a $3…

When Does a Commercial Tenancy End?

In a recent California Court of Appeals case, the Court considered a matter of first impression: Can a Landlord be held liable to a commercial tenant for damage to a tenants property, resulting from an alleged sewage backup, when the tenant (who had a month to month tenancy after its lease had expired) had stopped…

Update to Arbitration Awards

In a recent case, Baker Marquat LLP v. Kantor  2018 DJDAR 3685, (April 25, 2018), the California Court of Appeal held that in a binding fee arbitration, the submission and consideration of a confidential brief that contained claims not included in the arbitration demand was an ex parte communication. The Appellate Court found that the…

Multiple Parties and Attorney’s Fees

A California Appellate Court has held that in lawsuits involving multiple parties there may be more than one prevailing party entitled to contractual attorney’s fees. In the underlying case, the plaintiff sued a company for breach of contract and also named the company’s managing partner as an individual defendant, based on an alter ego allegation.…

The Case of the Viral Monkey

Apparently, a monkey took a selfie of himself and the picture went viral.  PETA then sued the photographer who published the picture claiming that the monkey’s copyright privileges were infringed.  The District Court granted the photographer’s motion to dismiss on the grounds that PETA did not have standing to sue for the monkey.