This case is a cautionary tale for attorneys. Plaintiff Clarity Co. Consulting LLC, a consulting company, alleged causes of action for breach of contract and other related claims against defendant ONclick, a health care start up company (and other individuals associated with the company) arising out of a failure to pay for services. ONclick's general counsel acting in his … [Read more...] about Clarity Co. Consulting, LLC v. Gabriel: Second District Court of Appeal Imposes Sanctions for Taking Frivolous Appeal
Archives for 2022
Don’t Forget to Allege Causation Between the Defamatory Statements and the Claimed Damages
In a recent unpublished decision, Cavuoto v. Rainford, plaintiffs learned the hard way why it is important to include sufficient allegations to support a defamation claim. There, plaintiffs alleged several claims, including one for defamation. The court granted two demurrers with leave to amend, and then granted defendant's demurrer as to the second amended complaint with … [Read more...] about Don’t Forget to Allege Causation Between the Defamatory Statements and the Claimed Damages
Can a plaintiff successfully move to set aside an anti-SLAPP judgment based on the mandatory provision of Code of Civil Procedure section 473b?
In certain circumstances, plaintiffs may move to set aside an anti-SLAPP judgment under the mandatory provision of Code of Civil Procedure section 473b, claiming attorney “mistake,” “inadvertence,” or “surprise." But such a motion would be unavailing because it does not seek relief from a default, default judgment, or dismissal, but rather a judgment entered pursuant to the … [Read more...] about Can a plaintiff successfully move to set aside an anti-SLAPP judgment based on the mandatory provision of Code of Civil Procedure section 473b?
Does an order granting an anti-SLAPP motion trigger the 15-day timeframe for filing a cost memorandum?
Courts have recently determined that an order granting an anti-SLAPP motion which disposes of the entire action constitutes a final judgment; however, no published decision has considered whether such an order triggers the 15-day time frame for filing a cost memorandum. Code of Civil Procedure section 577 defines a judgment as “the final determination of the rights of the … [Read more...] about Does an order granting an anti-SLAPP motion trigger the 15-day timeframe for filing a cost memorandum?
What is a final judgment for purposes of an anti-SLAPP motion?
Code of Civil Procedure section 577 defines a judgment as “the final determination of the rights of the parties in an action or proceeding.” “[A] judgment, no matter how designated, is the final determination of the rights of the parties in an action. Thus, an ‘order’ which is the final determination in the action is the judgment.” Passavanti v. Williams (1990) 225 Cal.App.3d … [Read more...] about What is a final judgment for purposes of an anti-SLAPP motion?