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      "parent_permlink": "californialaws",
      "author": "shahiryar",
      "permlink": "6kbomq-procedural-posture",
      "title": "procedural posture",
      "body": "Procedural Posture\n\nPlaintiffs, a competing corporation and its owner, sued defendants, a corporation and its owners, for misappropriation of trade secrets and related causes of action. The Superior Court of Orange County (California) struck the answer pursuant to former Code Civ. Proc., § 2023, subd. (b)(4)(A), as a discovery sanction and entered a default judgment. Defendants appealed.\n\nOverview\n\nThe complaint included a request for damages in an amount in excess of a sum stated therein.  <ahref=\"https://california-business-lawyer-corporate-lawyer.com/california-laws/california-constitution-article-2-voting-initiative-and-referendum-and-recall/\" Article 2 Voting, Initiative and Referendum, and Recall />  \nThe trial court struck the answer as a sanction for intentional destruction of data on the hard drives of several computers. Before default, a statement of damages and a notice of punitive damages were served, seeking amounts that greatly exceeded the sum stated in the complaint. The trial court granted a default judgment for those amounts. The appeals court, in reversing, held that Code Civ. Proc., § 580, limited the award of compensatory damages to the amount specified in the complaint. Code Civ. Proc., § 425.11, which provided for a statement of damages in personal injury or wrongful death cases, was inapplicable because the action was not one for personal injury or wrongful death. A notice of punitive damages was proper under Code Civ. Proc., § 425.115, subd. (f), but the court had to vacate the punitive damage award along with the compensatory damage award. The trial court erred in awarding as compensatory damages the value of the business; lost profits was the correct measure. Ample evidence in the record supported the trial court's decision to grant terminating sanctions.\n\nOutcome\n\nThe court reversed and remanded with instructions to vacate the award of compensatory and punitive damages and to conduct a new damages prove-up hearing.",
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      "parent_permlink": "nakaswade",
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      "permlink": "76rlqs-procedural-posture",
      "title": "Procedural Posture",
      "body": "Procedural Posture\n\nAppellant clients sought review of an order from the Superior Court of Los Angeles County (California), which confirmed an arbitration award in favor of respondent attorney in a dispute over legal fees.\n\nOverview\n\nThe clients submitted a petition for arbitration and disputed the existence of an attorney-client relationship. The parties executed a written stipulation for binding arbitration, which included a notation that jurisdiction and attorney-client relationship were issues in the proceeding and that rulings thereon were binding as provided by law. \n<ahref \"https://california-business-lawyer-corporate-lawyer.com/california-laws/sb-54-law-enforcement-sharing-data/\" /> SB 54 Law enforcement: sharing data\nThe award in favor of the attorney contained a finding that the parties had signed a stipulation for binding arbitration as to all issues, including jurisdiction. The court affirmed the trial court's order confirming the award. The court held that Cal. Bus. & Prof. Code § 6200 et seq., governing arbitration of disputes as to attorney fees, allowed parties to enter into an agreement that authorized arbitrators to determine the existence of an attorney-client relationship. Pursuant to Cal. Bus. & Prof. Code § 6203(a), an arbitration award was to include a determination of all the questions submitted to the arbitrators, the decision of which was necessary in order to determine the controversy. As provided in Cal. Code Civ. Proc. § 1281, generally, a written agreement to submit a dispute to arbitration was valid, enforceable, and irrevocable.\n\nOutcome\n\nThe court affirmed the trial court's order confirming the arbitration award in favor of the attorney.",
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      "author": "shahiryar",
      "permlink": "procedural-posture",
      "title": "procedural posture",
      "body": "Procedural Posture\n\nDefendant district attorney appealed the order of the Superior Court of Santa Barbara County (California), which denied defendant's motion to dissolve the permanent injunction that prohibited him from enforcing Cal. Bus. & Prof. Code § 17564 pertaining to outside advertising against plaintiff hotels.\n\nOverview\n\nPlaintiff hotels filed an action to enjoin defendant district attorney from enforcing against them the provisions of Cal. Bus. & Prof. Code § 17564, which prohibited certain room rate advertising. The lower court granted the permanent injunction after determining that § 17564 applied to motels and not hotels, and therefore was an invalid exercise of police power and violated the Equal Protection Clause, U.S. Const. amend. XIV. The court affirmed the injunction, noting that it must defer to the lower court's discretion in determining that an injunction was necessary and holding that the issuance of the Attorney General's opinion was not a change in circumstance sufficient to justify the dissolution of the injunction. The court looked to the plain meaning of the applicable Cal. Bus. & Prof. Code statutes and determined that hotels did not fall within the classification of § 17564. Consequently, the legislature was discriminating against motels by limiting their ability to advertise when they were similarly situated to hotels. Accordingly, the statute was held to be unconstitutional. <ahref \"https://california-business-lawyer-corporate-lawyer.com/california-laws/wic-5150-detention-of-mentally-disordered-persons-for-evaluation-and-treatment\" />  Welfare and institutions code 5150 is hen a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility\n\n\n\nOutcome\n\nThe court affirmed the order denying defendant district attorney's motion to dissolve the permanent injunction, holding that, because the statute prohibiting room rate outside advertising by motels differentiated between hotel and motel advertisement in an unreasonable manner, it violated the Equal Protection Clause and was, therefore, not enforceable.\nWelfare and institutions code 5150",
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