The McMillan Law Firm, APC Legal Blog

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...

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...

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...

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...

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...

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...