Real Property Law

CALIFORNIA CASE SUMMARY UPDATE: May 2024 Real Property Case Summaries

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By Monty A. McIntyre, Esq.

Monty McIntyre

Monty A. McIntyre, Esq.
Helping Attorneys Get Excellent Results

Publisher: California Case Summaries™:
Monty publishes California Case Summaries™, with one-paragraph summaries, organized by legal topic, of every new civil case published each month, quarter and year in California, giving subscribers a competitive advantage and excellent results.
Mediator, Arbitrator & Referee at ADR Services, Inc.:
Monty handles matters in the areas of business, employment, insurance (bad faith, coverage, UIM), probate (trusts and estates), real property and torts (elder abuse, medical malpractice, personal injury, product liability and wrongful death). To schedule, contact Monty’s case managers Haward Cho, haward@adrservices.com, (213) 683-1600, or Rachael Boughan, rboughan@adrservices.com, (619) 233-1323.  

Master Lawyer Mentoring™:  Trial training & Associate training. For more information, call Monty at (619) 990-4312 or email him at monty@montymcintyre.com.    
Trial Alchemy™: Monty interviews outstanding plaintiff and defense lawyers and ABOTA members about what works, and what doesn’t work in jury trials. Available on Spotify and Apple Podcasts.

California Case Summaries™ 

California Case Summaries™: This unique subscription provides one-paragraph case summaries, organized by legal topic, of every new civil case published by California courts. Subscribers get monthly issues with Westlaw case citations, quarterly issues with the official case citation, and an annual issue in early January each year with the official case citations. Subscribers always know the new cases in their practice areas and get a competitive advantage to win more cases. Individual and Law Firm unlimited multi-user subscriptions are available. To subscribe today, click here.  

Free 2023 California Supreme Court Summaries: To get free summaries of every new civil case published by the California Supreme Court in 2023, click here.    

 
CALIFORNIA COURTS OF APPEAL  

Arbitration 

Lew-Williams v. Petrosian (2024) _ Cal.App.5th _ , 2024 WL 1404151: The Court of Appeal reversed the trial court’s order dismissing plaintiffs’ action, without prejudice, for failure to prosecute the case in arbitration after the trial court had granted a motion to compel arbitration. In April of 2020 plaintiffs filed their complaint alleging numerous causes of action, including conspiracy to convert and embezzle funds, financial elder abuse, and declaratory relief, breach of contract, negligence, bad faith, and unfair business practices. In July 2021, the trial court granted defendants’ motion to compel arbitration. In February 2023, the trial court dismissed the case for failure to prosecute the arbitration. The Court of Appeal disagreed and reversed. Once the trial court granted the motion to compel arbitration and stayed the action, it retained only vestigial jurisdiction over the case as provided in the California Arbitration Act (Code Civ. Proc., § 1281 et seq.), and the trial court did not have the power to dismiss the claims for failure to prosecute. If a party fails to diligently prosecute an arbitration, the appropriate remedy is for the opposing party to seek relief in the arbitration proceeding (and, if necessary, the opposing party may need to initiate the arbitration for this purpose). (C.A. 2nd, April 2, 2024.) 

Copyright © 2024 Monty A. McIntyre, Esq. 
All Rights Reserved 


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