Know The Law. Win More Cases.
CA lawyers who know the new cases in their practice areas get a competitive advantage to win more cases.
However, it's hard to know the new cases because California courts publish about 500 new civil cases each year and many of them significantly change the law!
California Case Summaries™ is the perfect solution. It provides unique one-paragraph case summaries, organized by legal topic, of every new civil case published by California courts throughout each year. Subscribers get monthly issues with Westlaw case citations, quarterly issues with the official case citations, and an annual issue in early January each year with the official case citations.
Subscribers always easily know the new case law in their practice areas and get a competitive advantage to win more cases.
Individual and Law Firm Unlimited Multi-user subscriptions are available.
CALIFORNIA COURTS OF APPEAL
Settlement
BTHHM Berkeley, LLC, et al. v. Johnston (2024) _ Cal.App.5th _ , 2024 WL 1336433: The Court of Appeal affirmed in part, and struck in part, the trial court’s order enforcing a settlement term sheet and entering judgment against defendant pursuant to Code of Civil Procedure section 664.6 (section 664.6). The Court of Appeal affirmed in part, concluding that the settlement term sheet was enforceable under section 664.6, the liquidated damages of $250,000 was not unreasonably out of proportion to the $2.2 million settlement, and defendant failed to show the liquidated damages provision was unreasonable under the circumstances as required by Civil Code section 1671(b). However, the trial court erred in awarding prejudgment interest. Section 664.6 authorizes a trial court to enter a judgment reflecting the terms of the parties’ settlement agreement—nothing more, and nothing less. Prejudgment interest is not a cost, but an element of damages. By awarding prejudgment interest to compensate plaintiff for damages it suffered by virtue of defendant’s failure to pay, the trial court entered a judgment that differed materially from the terms of the parties’ agreement, and to that extent it was unauthorized. The portion of the judgment providing for prejudgment interest was stricken. (C.A. 1st, March 28, 2024.)
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