The Neighbor Feud Had Gone On Since 2002. Wandering Elk, Dakota Indian, smokes peacepipe. c1903. Frank Bennett Fiske, photographer. Library of Congress. The Court of Appeals' reliance on the wisdom of a Croatian proverb offered a strong clue in the first sentence that the Court would enforce peace among feuding […]
Court Describes Appeal As “A Tempest In A Teapot.” Teapot with cherry or plum blossoms. Between 1750 and 1850. Library of Congress. California has a convenient procedure for enforcing settlement agreements: Code of Civil Procedure, section 664.6. This allows a court to retain jurisdiction of a dismissed case for the purpose of enforcing […]
There Is No Absolute Bar To Discovery Of Information Designated Confidential In A Settlement Agreement. In 2007, Younan Properties entered into a settlement agreement with its CFO Thompson requiring confidentiality. Thompson had claimed that Younan Properties had engaged in unfair business practices, and wrongfully discharged him. In 2014, investors sued Younan Properties for fraud […]
Contract Must Be Construed As A Whole So As To Give Effect To Every Part, If Reasonably Practicable Rodriguez v. Oto, 212 Cal.App.4th 1020 (2013) held language unambiguously releasing “all persons” from liability extended to third parties, entitling a stranger to summary judgment that the stranger had been released, in the absence of countervailing […]