Sentences with phrase «under civil code»

they also are under Civil Code Law..

Under Civil Code section 2079.13, subdivision (b), the duty the listing agent owed to seller, or any buyer, was equivalent to the duty owed to that party by Broker CB.

Plaintiff obtained a default judgment of $ 25,000, plus $ 144,103 in attorney's fees under Civil Code section 3426.4 (a fee shifting statutory provision applicable in trade secret cases), and $ 16,497 in costs.

Punitive Damage Ruling Did Not Dispositively Bind Trial Judge From Awarding Fees Under Civil Code Section 3426.4.

As a common carrier legally responsible for the safety of passengers, and as a matter of company policy, bus companies have a special duty of care to elderly passengers under Civil Code 1200.

If, for example, loss of profits and loss of opportunities can be proven to be a direct consequence of the defaulting act, they may be recoverable under the Civil Code, provided of course they are not specifically excluded by contract.

Later, the trial judge awarded landlord $ 324,533.50 in attorney's fees as the prevailing party under Civil Code section 1717 (based on a broadly - worded contractual fees clause).

Both the original lease and a settlement agreement had fees clause, so defendants moved for recovery of fees under Civil Code section 1717.

Simply put, ex-client was not the prevailing party under Civil Code section 1717 on his collateral attack action.

Tenant must have felt pretty good after winning $ 49,500 in attorney's fees under Civil Code section 1717 after Landlords voluntarily dismissed with prejudice a mixed contract / tort case after Tenant filed a summary judgment claiming that he was not a party to a leasing agreement and that his signature was forged on the document.

In the last couple of days, the appellate courts have grappled with when attorney's fees are awardable under Civil Code section 1717 when a contract is declared to be void (whether illegal or under another statutory provision).

By cross demand, the Respondent claimed ownership of half of the Applicants» parking space by acquisitive prescription under the Civil Code of Québec.

Under Civil Code section 1717, a trial judge has wide discretion to deny attorney's fees where there are no clear, unqualified winning litigants such that the results are «mixed.»

After a prior appeal in this same case, the plaintiff sought to recover prejudg ement and appellate attorney fees under Civil Code section 1717 (attorney fees provided by contract).

Some practitioners wrongly assume that under a civil code system, if there is no specific provision of law to deal with a specific issue, then it must be prohibited.

Unless you have a clear win under a contractual fees clause, a trial judge has discretion to determine who the prevailing party is under Civil Code section 1717.

This next case deals with contractual fee awards under Civil Code section 1717 and fees assessed against a party that lost a lis pendens expungement motion.

The reason was that their claim was not «on the contract» under Civil Code section 1717 given that this statutory provision does not apply to fraud claims.

The trial judge then awarded $ 98,330.65 under Civil Code section 1717 to respondents.

The trial judge awarded guarantors $ 389,712.95 as prevailing parties under Civil Code section 1717, which made the pro-Bank, unilateral fees clause reciprocal in nature.

But is a Consent Decree entered by the Court the same as a contract, and is a proceeding to enforce a fee provision in a Consent Decree an «action on a contract» triggering recovery of attorney's fees under Civil Code section 1717 rules and standards?

Under the Civil Code's sales contract regime, the statutory «quality» warranty imposed on sellers essentially takes the form of a warranty against «latent» defects (Articles 1726 and ff.

Simply stated, to qualify as «latent» under the Civil Code, a defect must: (i) be latent, (ii) be sufficiently serious, (iii) have existed at the time of the sale, and (iv) have been unknown to the buyer at the time of the sale.

In Alain Ostiguy et autre c. Hélène Allie, et al., the majority of the Supreme Court found that the respondent had satisfied the demands for acquisitive prescription under the Civil Code of Quebec (C.C.Q.).

Trope v. Katz, 11 Cal.4 th 274, 277 (1995), our Leading Case No. 12, bars an attorney's ability to recover for self - representation under Civil Code section 1717, which has also been extended to the SLAPP context.

Usually, a winning SLAPP defendant has to apportion fees attributable to SLAPP activities, but this decision allows the trial judge to award extra-SLAPP fees as long as the other activities were «on the contract» under Civil Code section 1717 for purposes of fee recovery in the entire litigation matter.

The remaining two civil cases involve trust obligations in the construction sector, and contract law interpretation under the Civil Code of Quebec.

He has co-authored numerous specialized works in the field including Wrongful Dismissal in Quebec, Le congédiement en droit québécois en matière de contrat individuel de travail, Le contrat de travail en vertu du Code civil du Québec, The Employment Contract under the Civil Code of Quebec, 14 Questions Frequently Asked in Quebec Labour & Employment Law and More Questions Frequently Asked in Quebec Labour & Employment Law.

The trial judge later granted a JNOV motion in HOA's favor on the nuisance claim, subsequently awarding HOA $ 707,117 as the prevailing party under Civil Code section 5975.

However, the lower court only awarded them $ 525 in fees under Civil Code section 1717.5, which allows fee recovery for book accounts.

«Construction Litigation: Fourth District, Division 1 Reverses Fee Awards Under Code of Civil Procedure Section 1038 and Reverses / Affirms Others Under Civil Code Section 1717 Main California Supreme Court Refuses To Depublish Bernardi Decision»

The appellate court affirmed the appeal of the postjudgment appeals ruling, finding the trial judge properly found the «gist» of the complaint / cross-claims were to enforce provisions of the governing documents on equitable theories such that plaintiff prevailed and was entitled to fees under Civil Code section 1354 (c).

Not exact matches

Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at [phone] or [phone] Updated on Feb 28, 2011

She could sue him under California civil code 1708.85, which similarly deals with the nonconsensual distribution of sexual materials that cause harm to the depicted party.

Modern Turkey, under influence from the West, in 1924 definitely abandoned the Moslem legal system and substituted for it criminal and civil codes taken from the West.

But all have to acknowledge the common framework of egalitarian justice and recodify their traditional civil codes which were formulated in other times and under other principles.

Under California Civil Code Section 1789.3, users of this Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at [phone] or [phone].

UEFA is a society entered in the register of companies under the Swiss civil code, and is neutral, politically and religiously.

In the event you fail to pay for the access granted (if applicable), and / or share the access granted with any person or entity, or misuse the Service by any means actionable under a federal, state, or local statute, code, regulation, law, and / or civil action, we will consider your access as having been acquired by fraud or misrepresentation and will terminate your access.

It continued that, «your actions as appeared on your facebook wall, constitute a major offense and breach of the Code of Ethics of both the Civil and Local Government Service under canon one - the Principle of anonymity and performance as stated in part II, enjoins officers to maintain neutrality in the performance of public functions ``.

«The Special Adviser's Code of Conduct clearly states that Special Advisers «must not:... ask civil servants to do anything which is inconsistent with their obligations under the Civil Service Code» and that they «should avoid anything which might reasonably lead to the criticism that people paid from public funds are being used for party political purpose&racivil servants to do anything which is inconsistent with their obligations under the Civil Service Code» and that they «should avoid anything which might reasonably lead to the criticism that people paid from public funds are being used for party political purpose&raCivil Service Code» and that they «should avoid anything which might reasonably lead to the criticism that people paid from public funds are being used for party political purpose».

NOTICE FOR CALIFORNIA RESIDENTS Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the MADHAVA NATURAL SWEETENERS Website, please send an email to [email protected].

22.6 You further understand and expressly agree that all rights under Section 1542 of the Civil Code of California («Section 1542») and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived.

They will not disclose any information to third parties, and all your personal information will be protected under the Californian Civil Code Section, as well as the Canadian Personal Information Protection Act.

8.1 Under California Civil Code sections 1798.83 - 1798.84, California residents are entitled to request information from us regarding what categories of personal information we share with third parties who may use the data for direct marketing purposes and all third parties with whom we have shared that data in the past year.

(j) Any civil action brought under subsection (e) and any proceedings brought under subsection (i) shall be subject to appeal as provided in sections 1291 and 1292, title 28, United States Code.

The information provided in the application is true and correct as of the date set forth opposite my signature and that any intentional or negligent misinformation of the information contained in the application may result in civil liability, including monetary damages, to any person who may suffer any loss due to the reliance upon any misrepresentations that I have made on the application, and / or criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Sec 1001, et seg.

Amends § § 4112.02, 4112.05, 4112.08, and 4112.14 of the Revised Code to specify that discrimination by an employer against any person because of the person's credit history is an unlawful discriminatory practice under the Ohio Civil Rights Law.

Plaintiffs thereupon brought this action claiming inter alia that defendants» exercise of the «due - on» clause in these circumstances constituted an unreasonable restraint on alienation within the meaning of Civil Code section 711, and that as a result they were damaged in the amount of the difference between what the Nolls owed them under the installment land contract and what they in turn owed Lassen on the original loan.

Under this provision, as well as the equivalent provision of the former French Code of Civil Procedure, the composition of the arbitral tribunal is measured against the will of the parties.