Save Time. Know More. Win More.
Published by Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Member of ABOTA Since 1995
California Trial Lawyer Since 1980
California attorneys can win more cases by always knowing the new published civil case law in their practice areas. California Case Summaries™ makes this fast and easy by providing one-paragraph case summaries, organized by legal topic, of every new civil case published by California courts in monthly issues, quarterly issues, annual issues, or all three.
Every year California courts publish about 400 new civil cases, and many of them significantly change the law!
Attorneys could spend hours of time (losing lots of billable hours) each month trying to keep up with the new cases.
Or, they can easily keep up with the new cases by subscribing to California Case Summaries™. Individual Attorney and Law Firm Unlimited (letting the firm send summaries to every lawyer) subscriptions are available.
There are two ways to get California Case Summaries™:
1. Get a Free 5-Month Subscription to California Case Summaries™ when you Mediate with Monty McIntyre at ADR Services, Inc.
When an individual attorney conducts a half-day or full-day mediation with Monty McIntyre, they will get a free 5-month Individual Attorney subscription to California Case Summaries™ (a $1,000 value). To schedule a mediation, contact Monty's case managers at ADR Services: Rachael Boughan, [email protected], (619) 233-1323, or Haward Cho, [email protected], (213) 683-1600.
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There are four reasonably priced subscription options costing less than 1 billable hour per month:
-California Case Summaries™ (includes the monthly, quarterly and annual issues);
-CCS Monthly™ (monthly issues only);
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Pick the right subscription option for you or your law firm and subscribe below.
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CALIFORNIA COURT OF APPEAL
Which party bears the risk of loss when an imposter causes one party to a
settlement to wire settlement
proceeds to the imposter?
Settlement
Thomas v. Corbyn Restaurant Development Corp. (2025) __ Cal.App.5th __, 2025 WL 1499055: The Court of Appeal decided the following issue of first impression in California: Which party bears the risk of loss when an imposter causes one party to a settlement to wire settlement proceeds to the imposter instead of the other settling party? The Court of Appeal affirmed the trial court’s order granting plaintiff’s motion to enforce the terms of a settlement under Code of Civil Procedure section 664.6 and requiring defendants to pay plaintiff $475,000. After the case settled, an unknown third party purporting to be plaintiff’s counsel sent “spoofed” emails to defendants’ counsel providing fraudulent wire instructions for the settlement proceeds. Defendants’ counsel wired the settlement proceeds to the fraudulent account and the third party absconded with the funds. Once the fraud was discovered, plaintiff asked for the settlement money, but defendants refused to pay. The trial court noted the lack of California authority on this topic and applied persuasive federal case law that uniformly shifts the risk of loss to the party in the best position to prevent the fraud. Looking at the totality of circumstances, the trial court granted the motion finding that defendants were in the best position to prevent the fraud and plaintiff bore no comparative fault. The Court of Appeal concluded that the authority on which the trial court relied was persuasive and the trial court properly applied it. (C.A. 4th, May 27, 2025.)
Monty A. McIntyre, the publisher of California Case Summaries™, serves as a mediator, arbitrator and referee with ADR Services, Inc. handling business, employment, insurance, probate, real property and tort matters throughout California. To schedule a mediation with Monty McIntyre, contact one his case managers at ADR Services:
Haward Cho, [email protected],
Rachael Boughan, [email protected]
Phone: (619) 233-1323.
Free 5- Month Individual Attorney Subscription to California Case Summaries™:
When an attorney conducts one half-day or full-day mediation with Monty McIntyre they will get a free 5-month Individual Attorney subscription (a $1,000 value) to California Case Summaries™. This subscription helps attorneys save time, know more and win more cases by always knowing the new civil case law in their practice areas.
We offer a 30-Day Money Back Guarantee. If you don't like California Case Summaries™, for any reason, just let us know within 30 days and we'll refund your money, no questions asked.
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We also offer discounted case summary options to law firms so they can distribute case summaries to every lawyer and paralegal in the firm at a substantial savings compared to buying individual subscriptions. For pricing, contact Monty McIntyre at [email protected] or (619) 990-4312.
"Your summaries are great because they get to the point. You know your audience. I don’t want to read a whole bunch of shit. Just get me to the point. "
"For California civil practitioners having trouble keeping up on the latest cases, California Case Summaries™ is must reading. Monty has a great command of the law and is able to summarize these cases succinctly and clearly. Monty is San Diego's Bernie Witkin. "
"I really appreciate the case summaries. Saves me time and makes me look smart. A double bonus. "
"California Case Summaries™ is an indispensable tool for lawyers in every specialty and practice area. Monty's case summaries are concise explanations that puts each opinion in context."
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