Attorney Herb Fox's Legal Cases

Arbitration

Kleveland v. Chicago Title Insurance Co. (2006) 141 Cal.App.4th 761

Jul 24, 2006

OUTCOME: Affirmed

Is an arbitration clause in a title insurance policy enforceable where arbitration was not mentioned in the preliminary title report and where that report referred to a policy that was different than t ... hat actually issued by the insurer? The Court of Appeal found that under these circumstances, the arbitration clause was not incorporated by reference into the preliminary report and is not binding upon the insured.

Employment and labor

Violante v. Communities Southwest Development and Construction Company (2006) 138 Cal.App.4th 972

Mar 16, 2006

OUTCOME: Affirmed

Where a subcontractor on a public works construction project fails to pay its employees their lawful wages, can the employees hold the prime contractor liable for the unpaid wages? The Court of Appeal ... found that the prime contractor was not liable for its subcontractorâ€™s failure to properly pay those wages.

Arbitration

Parker v. McCaw (2005) 125 Cal.App.4th 1494

Jan 27, 2005

OUTCOME: Reversed

An employee arbitrates claims against his employer arising from two contracts. One of these contracts provides that any dispute be arbitrated by a panel of three arbitrators; the other contract provide ... s that only one arbitrator is necessary. Here the Court of Appeal found that the right to a three-member panel is substantial and cannot be modified by the trial court, and reversed the arbitration award issued by a single arbitrator.

Arbitration

Ocean View HOA v. Montecito Water District (2004) 116 Cal.App.4th 396

Mar 02, 2004

OUTCOME: Reversed

In this California Environmental Quality Act (CEQA) case, the Court of Appeal found that aesthetic concerns could constitute a substantial environmental impact that required consideration in the enviro ... nmental review process.

Environmental and natural resources

Ocean View HOA v. Montecito Water District (2004) 116 Cal.App.4th 396

Mar 02, 2004

OUTCOME: Reversed

In this California Environmental Quality Act (CEQA) case, the Court of Appeal found that aesthetic concerns could constitute a substantial environmental impact that required consideration in the enviro ... nmental review process.

Probate

Rice v. Clark (2002) 28 Cal.4th 89

Jun 10, 2002

OUTCOME: Affirmed

Under what circumstances is a caretaker of an elderly person disqualified from receiving gifts under a will that the caretaker helped the elderly person draft? Here the Supreme Court reviewed and inter ... preted, for the first time, a statutory scheme designed to limit the ability of caretakers, attorneys and other fiduciaries from benefiting under wills drafted by those who may be unduly influenced (Probate Code Â§21350 et. seq.)

Appeals

Harris v. Sandro (2002) 96 Cal.App.4th 1310

Mar 21, 2002

OUTCOME: Affirmed

This case explores the limits of the right to appeal from a judgment that confirms an arbitration award. The Court of Appeal imposed $11,000 in sanctions against the appellant and his attorney for pros ... ecuting a frivolous appeal.

Family

Marriage of Bryant (2001) 91 Cal.App.4th 789

Aug 15, 2001

OUTCOME: Affirmed

This case explores the scope of a trial courtâ€™s discretion to allow a parent to move out-of-state with her children notwithstanding the objections of the other parent.

Probate

Estate of Griswold (2001) 25 Cal.4th 904

Jun 21, 2001

OUTCOME: Affirmed

What should happen when a person dies without a will, and half-siblings who did not even know that they had a brother until after his death, claim rights to inheritance? The Supreme Court held here tha ... t the half-siblings had a right to a portion of the estate of a brother whom they never met and did not know existed until after his death.

Real estate

Huijers v. Demarais (1992) 11 Cal.App.4th 676

Dec 09, 1992

OUTCOME: Reversed

This real estate disclosure case tested the limits of the duties of a seller to disclose the existence of known property defects in a commercial property transaction.

Herb Fox's Legal Cases (20)

Kleveland v. Chicago Title Insurance Co. (2006) 141 Cal.App.4th 761

Violante v. Communities Southwest Development and Construction Company (2006) 138 Cal.App.4th 972

Parker v. McCaw (2005) 125 Cal.App.4th 1494

Ocean View HOA v. Montecito Water District (2004) 116 Cal.App.4th 396

Ocean View HOA v. Montecito Water District (2004) 116 Cal.App.4th 396

Rice v. Clark (2002) 28 Cal.4th 89

Harris v. Sandro (2002) 96 Cal.App.4th 1310

Marriage of Bryant (2001) 91 Cal.App.4th 789

Estate of Griswold (2001) 25 Cal.4th 904

Huijers v. Demarais (1992) 11 Cal.App.4th 676