Monthly Archives: July 2013

Orders Granting Or Denying Anti-SLAPP Motions Are Immediately Appealable; But Not Always

2013-07-26T18:02:43+00:00

Code of Civil Procedure section 425.16(i) provides “[a]n order granting or denying a special motion to strike shall be appealable under Section 904.1.”  Code of Civil Procedure section 904.1(a)(13) provides that an order granting or denying a motion to strike under section 425.16 is immediately appealable.  Does this rule change if the matter is a [...]

Orders Granting Or Denying Anti-SLAPP Motions Are Immediately Appealable; But Not Always2013-07-26T18:02:43+00:00

Voluntary Dismissal Exposes Plaintiff To CCP Section 998 Penalties

2013-07-24T18:51:05+00:00

In Mon Chong Loong Trading Corp. v. Superior Court , the Second Appellate District confronted an issue of first impression; whether a voluntary dismissal subjects a plaintiff to CCP section 998 penalties.  The court concluded that it did.  A plaintiff may fail to obtain a more favorable judgment or award by failing to obtain any award [...]

Voluntary Dismissal Exposes Plaintiff To CCP Section 998 Penalties2013-07-24T18:51:05+00:00

Guidance Provided Regarding Government Entity Obligations Under Title II of the ADA To Provide Curb Ramps Upon Resurfacing Of Existing Streets, Roads and Highways

2013-07-17T13:45:37+00:00

Under Title II of the Americans With Disabilities Act, a public entity must install curb ramps where street level pedestrian walkways cross curbs  when a street, highway or roadway is altered.  Alterations include reconstruction, rehabilitation, resurfacing, widening and similar projects.  Maintenance activities are not considered alterations.  Over the past few years, state and local governments [...]

Guidance Provided Regarding Government Entity Obligations Under Title II of the ADA To Provide Curb Ramps Upon Resurfacing Of Existing Streets, Roads and Highways2013-07-17T13:45:37+00:00

Successive CCP 998 Offers: Which One Trumps?

2013-07-03T22:16:52+00:00

Raymond Martinez, et al. v. Brownco Construction Company, Inc. Filed June 10, 2013 California Code of Civil Procedure Section 998 provides that if a settlement offer made by a plaintiff is not accepted, and the defendant fails to obtain a more favorable judgment or award in any action or proceeding, the court or arbitrator, in [...]

Successive CCP 998 Offers: Which One Trumps?2013-07-03T22:16:52+00:00