Remedies Section, Los Angeles County Bar Association

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Remedies Section, Los Angeles County Bar Association

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LACBA - Remedies Section

Securing a judgment and collecting a judgment are two of the most critical aspects of a lawsuit and without these remedies a win for your client may still be a hollow victory.

10/06/2026

Real Property
"Defendant became an implied at-will tenant in her own right where plaintiff knew she had been a long-term resident of the unit, and she was married to the original tenant. A city's rent control charter amendment was not presented by California Civil Code 1954.53; there is no clear indication the Legislature intended to preempt a city from extending protections to a lawful occupant, or as an at-will tenant by implied agreement."

Colonial Manor Inc. v. Reyes [filed April 23, 2026]
Metropolitan News Enters: http://sos.metnews.com/sos.cgi?0526//JAD26-02

09/30/2026

Civil Procedure
"When it is easier to dispose of an anti-SLAPP motion [California Code of Civil Procedure 425.16] on its merits, it is unnecessary to address the public interest exemption."

People v. Defty - filed April 27, 2026, Third Dist.
Metropolitan News Enters: http://sos.metnews.com/sos.cgi?0426//C102574

09/23/2026

Civil Procedure
"An action was brought to trial within the meaning of Code of Civil Procedure §583.310 and §583.360 when a panel of prospective jurors assembled in a courtroom for voir dire and were sworn."

Wilson v. Johnson [09/22/2026, 2nd Dist., Div. 1]
Metropolitan News Enters: http://sos.metnews.com/sos.cgi?0926//B329690

09/22/2026

Civil Procedure
"Foreign automobile manufacturers were subject to personal jurisdiction in California here they purposefully directed their activities toward California or purposefully availed themselves of the privileges of conducting activates there, and the plaintiffs alleged claims arose out of or were related to the defendant's California-related activities."

In re: Kia Hyundai Vehicle, etc. [9th Cir., 09/14/2026]
Metropolitan News Enters: http://sos.metnews.com/sos.cgi?0926//24-5219

09/16/2026

Civil Procedure
"When a plaintiff makes multiple valid and unrevoked Code of Civil Procedure 998 offers, and their award is less favorable than their final offer, it is this last offer that controls for purposes of determining any entitlement to 998 benefits. A plaintiff's entitlement to the benefits of 998 and Civil Code 3291 is not a prerequisite to recover costs under 1033.5."

Meehan v. Aguirre - [filed 09/15,/2026, 2nd Dist., Div. 3]
Metropolitan News Enterprises http://sos.metnews.com/sos.cgi?0926//B343396

09/09/2026

Civil Procedure
"Where the notice of motion served on a party included a different hearing date than the notice of motion filed with the court because the hearing was rescheduled, the inconsistency did not require reversal of the court's sanctions order where the motion served and subsequently filed were substantively the same and otherwise strictly satisfied the safe harbor provisions of Code of Civil Procedure 128.5 and 128.7."

Ari Law v. Autonation.com - filed 08/26/2026, 1st Dist., Div. 4
Metropolitan News Enterprises http://sos.metnews.com/sos.cgi?0826//A173620

08/20/2026

California of Civil Procedure § 839 provides "To enable electronic service of pleadings and papers, the attorneys of record or parties representing themselves shall include an email address for service in the captions of all pleadings they file in the comprehensive adjudication." The Los Angeles Superior Court Clerk is now rejecting filings that do not include the filer's email address.

08/20/2026

The California Judicial Council has released the newly revised Writ of Ex*****on form, effective July 1, 2026. The new form is 4 pages long (or 2 pages double-sided).

08/13/2026

Civil Procedure
"If a party timely objects to a Code of Civil Procedure 170.6 motion and makes a prima facie showing that the motion's proponent is lodging bad faith blanket challenges against a judge, a court may look beyond the 170.6 affidavit or oral statement and inquire into the legitimacy of the party's assertions of prejudice."

J.O. v. Superior Court [filed 05/28/2026]
Metropolitan News Enters: http://sos.metnews.com/sos.cgi?0526//S287285

08/03/2026

Real Property
"The harm that a homeowner suffered from the presence of stray voltage on her property did not outweigh the public benefit of a utility company's provision of electricity as a matter of law. The balancing of harm versus public benefit is for a jury to perform. A trial judge erred in allowing a homeowner to present evidence of stray voltage incidents at other properties, and at her property before she bought it, in her suit against a utility company seeking damages for the presence of stray voltage at her property."

Wilson v. Southern Cal. Edison Co. [03/26/2018, 2nd Dist., Div. 4]
Metropolitan News Enters: http://sos.metnews.com/sos.cgi?0318//B275845

Address

444 South Flower Street Ste 2500
Los Angeles, CA
90071

Website

http://www.lacba.org/Remedies

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