In a reversal for the defendants, the Fourth District Court of Appeals reversed an order granted by the San Diego Superior Court striking a malpractice action brought against an attorney. Indicating that the petition activity was incidental to the petition action...
- Home
- |
- Category: "Firm News"
Firm News
New Decision On Costs And Effects Of Rejection Of CCP 998 Offer
On Behalf of The McMillan Law Firm, APC | Aug 26, 2007 | Firm News
The Court of Appeals denied the challenge to the trial court’s award of costs finding that plaintiff’s pursuit of action in multiple capacities—individually, as successor-in-interest to her deceased husband, and as his legal heir—did not make her “multiple plaintiffs”...
Benitez v. Wilbur, 2008 U.S. Dist. LEXIS 15018
On Behalf of The McMillan Law Firm, APC | Aug 26, 2007 | Firm News
Plaintiff’s tenth cause of action was brought under the PAGA for alleged Labor Code Violations. Defendants argued that the Plaintiff’s failed to properly plead this cause of action because case law requires the claim to be plead as a class action, with all the...
Parlour Enterprises, Inc. V. The Kirin Group, Inc. – Farrell’s Franchisor Obtains A Reduction Of Damages On Appeal.
On Behalf of The McMillan Law Firm, APC | Aug 26, 2007 | Firm News
This case arose involved some of the same people that founded the Farrell’s restaurant. Franchisee sued franchisor for recovery of lost profits, lost franchise fees, and consequential expenses sustained by plaintiffs when defendants unilaterally terminated their...
Murphy v. Burch – No Easement By Necessity For The Owner Of A Landlocked Parcel.
On Behalf of The McMillan Law Firm, APC | Aug 26, 2007 | Firm News
This is a somewhat unusual case in that the court left a landlocked parcel landlocked reversing the trial court’s grant of an easement by necessity. It appears that the critical fact was that the land transfer arose from a federal land patent. In so reversing, the...
Giovanni B. v. Superior Court (City of Chula Vista Police Department)
On Behalf of The McMillan Law Firm, APC | Aug 26, 2007 | Firm News
Chula Vista police officers successfully avoid providing personall records to alleged juvenile offender who, in support of a motion to suppress based on an unlawful detention and pat-down search and arrest. The minor sought discovery of records pertaining to...
Objection To Franchise Tax Board’s Claim For Unpaid Taxes Is Overruled.
On Behalf of The McMillan Law Firm, APC | Aug 26, 2007 | Firm News
Patricia Vignola filed for Chapter 13 bankruptcy, and the California Franchise Tax Board (“FTB”) filed a claim for $51,770.99 for tax years 1991 and 1993. Vignola objected to the claim, but the Chapter 13 petition was dismissed before resolution of the claim...
Class Certification Decision Overruled In Part And Affirmed In Part As To Truck Driver’s Claim For Unpaid Overtime And Meal Breaks.
On Behalf of The McMillan Law Firm, APC | Aug 26, 2007 | Firm News
The court held that class certification should have been granted on an overtime claim and on whether a vacation policy violated California law. However, the court upheld the trial court’s decision to deny certification on a meal and rest break claim. Where it was...
Court Overturns Summary Judgment In Favor Of Lender In WRI Opportunity Loans II LLC V. Cooper
On Behalf of The McMillan Law Firm, APC | Aug 26, 2007 | Firm News
In this case, the lender sued the guarantors on a loan. The trial court granted summary judgment against the guarantors, in favor of the lender. The guarantors successfully argued that their defense of usury, and that the terms of the loan had been waived, had been...
Amazing Settlement Offers.
On Behalf of The McMillan Law Firm, APC | Aug 26, 2007 | Firm News
Law is a strange business indeed. I had the privilege of representing a nice fellow by the name of Sean Ryan. With the noblest of motives, Sean Ryan reported to his superiors a circumstance that he believed demonstrated a violation of law. He was terminated shortly...