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Elder Law

[04/28] Bell v. Mason
In a dispute arising from the sale of real property where plaintiff alleges that she suffers from a mental retardation through which the defendants took advantage in gaining her trust and inducing her to enter into a transaction which deprived her of her home, judgment of the trial court is reversed where evidentiary ruling precluding a defense expert witness from testifying constituted prejudicial error because the mere fact that expert witness had not personally examined plaintiff did not preclude him from testifying as to her mental capacity after reviewing her medical records and observing several hours of a videotape of her deposition.

[04/27] Balvage v. Ryderwood Improvment and Service Association, Inc.
In a dispute involving the scope of the Fair Housing Act's (FHA) prohibition against familial status discrimination, judgment of the district court is affirmed in part and vacated in part because a residential community that has continuously operated as a retirement community for persons age 55 or older can qualify for the housing for older persons exemption from the prohibition on familial status discrimination if it establishes that it satisfied the exemption’s three criteria at the time of the alleged violation, even if the community enforced age restrictions when it first achieved compliance with the exemption’s age verification requirement.

[02/25] Park Village v. Mortimer Howard Trust
In a landlord-tenant dispute involving an injunction against the eviction of elderly, low-income tenants who wished to pay a portion of their rent using federally-funded enhanced vouchers, injunction is affirmed in part because the individual plaintiffs have a statutory right to remain in the complex, but reversed and remand in part where plaintiffs failed to identify any evidence or statutory authority upon which to base a mandatory injunction compelling defendants to enter into contracts with local housing authority, so long as defendants are willing to forgo payment of that portion of the rent covered by the enhanced vouchers.

[02/25] California School Bds. Association v. Brown
In a writ petition seeking declaration of line-item veto by Governor of legislative appropriation of reimbursement funding for state mandate as void, petition is denied because Governor was constitutionally permitted to exercise his veto power since the legislature does not have exclusive discretion over appropriation of mandate reimbursement.

 

Dispute Resolution & Arbitration

[04/29] Fireman's Fund Ins. Co. v. TD Banknorth Ins. Agency Inc.
In an insurance dispute involving the application of Connecticut's make whole doctrine to a subrogation clause, judgment of the district court is reversed with certification to the state court on the question of whether the make whole doctrine applies to insurance deductibles.

[04/29] Unite Here Local 217 v. Sage Hospitality Resources
In a dispute arising from the interpretation of an ambiguous language in a neutrality agreement between the parties, judgment of the district court compelling arbitration is affirmed where the parties agreed to a broad arbitration clause that unambiguously encompasses the instant dispute.

[04/27] Shahinian v. Cedars-Sinai
In a dispute arising from the confirmation of an arbitral award against defendant for retaliation and tortious interfering with the economic interests of plaintiff, judgment of the trial court denying motion to vacate is affirmed because award was not against public policy and therefore not an abuse of power.

[04/27] Shahinian v. Cedars-Sinai
In a dispute arising from the confirmation of an arbitral award against defendant for retaliation and tortious interfering with the economic interests of plaintiff, judgment of the trial court denying motion to vacate is affirmed because award was not against public policy and therefore not an abuse of power.

 

 

Family Law

[04/28] Mark T. v. Jamie Z.
In a dispute involving the legal and physical custody sharing arrangement of a minor child, judgment of trial court denying a move away request is reversed because when a parent who shares joint physical custody of a minor requests authorization to relocate the minor, the court must proceed on the assumption that the parent will in fact be moving, and must fashion a custody order that is in the best interests of the minor accordingly.

[04/28] Mark T. v. Jamie Z.
In a dispute involving the legal and physical custody sharing arrangement of a minor child, judgment of trial court denying a move away request is reversed because when a parent who shares joint physical custody of a minor requests authorization to relocate the minor, the court must proceed on the assumption that the parent will in fact be moving, and must fashion a custody order that is in the best interests of the minor accordingly.

[04/28] In re Anthony G.
In a juvenile order declaring a minor a dependent child of the court pursuant to Welfare and Institutions Code section 300(b) and (g) judgment of the court is affirmed in part and reversed in part where judgment was not supported by substantial evidence because the record does not show that minor was left without provision for support.

[04/21] Thunberg v. Wallick
In a dispute arising from the revocation of a bankruptcy discharge on the ground of fraud, judgment of trial court is affirmed where a fraudulent representation by appellant that the full amount of a property settlement payment was subject to a lien, when in fact only a portion of the amount was encumbered, provided a sound basis for revocation.

 

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