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…

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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…

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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.