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.

California of Civil Procedure § 839 provides "To enable electronic service of pleadings and papers, the attorneys of rec...
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.

The California Judicial Council has released the newly revised Writ of Ex*****on form, effective July 1, 2026.  The new ...
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).

Civil Procedure"If a party timely objects to a Code of Civil Procedure 170.6 motion and makes a prima facie showing that...
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

Real Property"The harm that a homeowner suffered from the presence of stray voltage on her property did not outweigh the...
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

Effective immediately, Los Angeles County Superior Court ("LASC") requires all Code of Civil Procedure Section 170.6 per...
07/28/2026

Effective immediately, Los Angeles County Superior Court ("LASC") requires all Code of Civil Procedure Section 170.6 peremptory challenges to include written declaration or oral attestation. Read the details of the general order in the July 28, 2026, Court press release.

Civil Procedure"Defendant met its burden of establishing that the conduct underlying plaintiff's complaint arises from p...
07/24/2026

Civil Procedure
"Defendant met its burden of establishing that the conduct underlying plaintiff's complaint arises from protected activities where each cause of action was based on communications from the officials of one public entity with officials from another public entity about a commercial development project that was a matter of significant public interest. A single member of a city council is not the board or governing body and delivering a letter to one member at a private meeting away from city hall, and where he did not recognize the letter as a claim and did not forward it to the city clerk or the city council, is not the equivalent of actual receipt by the board or governing body."

Eagle Colton 55, LP v. Colton - [07/21/2026, 4th Dist., Div. 1]
Metropolitan News Enters: http://sos.metnews.com/sos.cgi?0726//D087799

Civil Procedure"Plaintiffs' complaint, which set forth detailed facts but, in its causes of action, merely alleged the d...
07/22/2026

Civil Procedure
"Plaintiffs' complaint, which set forth detailed facts but, in its causes of action, merely alleged the defendants deprived them of various constitutional and statutory rights, failed to satisfy Federal Rule of Civil Procedure 8(a)(2) s requirement of a short and plain statement of the claim showing that the pleader is entitled to relief; district courts do not have to accept shotgun pleadings."

Gibson v. City of Portland [9th Cir., 01/29/2026]
Metropolitan News Enters: http://sos.metnews.com/sos.cgi?0126//24-1663

Civil Procedure"Although there may be situations in which a costs judgment should be treated as a final judgment for the...
07/22/2026

Civil Procedure
"Although there may be situations in which a costs judgment should be treated as a final judgment for the purposes of challenging the related costs order and any subsequent orders, plaintiffs could not appeal a costs judgment entered after a nonappealable voluntary dismissal without prejudice to challenge the trial court s summary adjudication ruling and denial of their motion to set aside the voluntary dismissal."

Viani v. Fair Oaks Estates Inc. [01/28/2026, 3rd Dist.]
Metorpolitan News Enters: http://sos.metnews.com/sos.cgi?0126//C102857

Civil Procedure"Where plaintiffs voluntarily dismiss their action before the court has reached a final resolution regard...
07/17/2026

Civil Procedure
"Where plaintiffs voluntarily dismiss their action before the court has reached a final resolution regarding any of the claims pleaded in the complaint, the effect of the dismissal is to terminate the action entirely, thus forfeiting the right to appeal."

Maniago v. Desert Cardiology [Calif. Supreme Ct., 07/16/2026]
Metropolitan News Enters. http://sos.metnews.com/sos.cgi?0726//S290188

Contracts"A trial court did not abuse its discretion by reducing the compensable attorney hours in a fairly straightforw...
07/16/2026

Contracts
"A trial court did not abuse its discretion by reducing the compensable attorney hours in a fairly straightforward breach of contract case, the time sheet entries appeared to show some duplication of effort, and the attorney s practice of block billing made it impossible for the court to draw finer distinctions in making the reductions; the court erred in finding an attorney fee agreement did not authorize the recovery of paralegal fees where all parties implicitly agreed in their original briefing that the contract language was broad enough to cover them."

Del Biaggio v. Bansen [07/10/2026, 1st Dist., Div. 4]
Metropolitan News Enters. http://sos.metnews.com/sos.cgi?0726//A174647

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