Blog

Blog



Declaratory Relief Action Regarding The Validity Of An Attorney Lien Is Not A SLAPP

Oakland, California (Originally published, December 6, 2014). The 2d District held on December 5, 2014 that an attorney’s lawsuit seeking a declaration regarding the validity of an attorney lien filed by prior attorneys is not a SLAPP – or “strategic lawsuit against public participation.” The case is Drell v. Cohen, B253688 (2nd Dist. Dec. 5, … Continue reading “Declaratory Relief Action Regarding The Validity Of An Attorney Lien Is Not A SLAPP”

A Tenant’s Claim For Breach Of A Settlement Agreement Is Not A SLAPP.

Oakland, CA (Originally published, December 7, 2014). A scenario repeats itself regularly in landlord tenant law. A new owner purchases a building with rent-controlled units. The new owner, who has paid a lot for the new building, wants to phase out the rent-controlled units with new, higher paying tenants. The new owner serves a notice … Continue reading “A Tenant’s Claim For Breach Of A Settlement Agreement Is Not A SLAPP.”

The U.S. Supreme Court Roughs Up The Third Circuit in Per Curium Decision.

Oakland CA (originally published on Nov. 6, 2014). To prevail on a federal civil rights claim under 42 U.S.C. section 1983, a plaintiff must overcome a state official’s qualified immunity. Qualified immunity shields the official unless she violates a clearly established statutory or constitutional right. In a somewhat unusual per curiam decision issued on Monday … Continue reading “The U.S. Supreme Court Roughs Up The Third Circuit in Per Curium Decision.”

The U.S. Supreme Court Finds That An Imperfect Statement Of Legal Theory Is Not Grounds For A Dismissal With Prejudice

Oakland, CA (Originally published Nov. 16, 2014) Federal Rule of Civil Procedure 8(a)(2) only requires a short and plain statement of a plaintiff’s claim. Invoking this rule last week in Johnson v. City of Shelby, No. 13-1318 (U.S. Sup. Ct. Nov. 10, 2013), the U.S. Supreme Court granted certiorari and summarily reversed the Fifth Circuit … Continue reading “The U.S. Supreme Court Finds That An Imperfect Statement Of Legal Theory Is Not Grounds For A Dismissal With Prejudice”

BANKS CAN’T HIDE BEHIND CHECK CASHING SERVICES WHEN NEGOTIATING FORGED CHECKS.

Oakland, CA (Originally published, Nov. 10, 2014) Many businesses face special risk when getting paid – their employees can easily divert incoming checks to their own accounts. Check cashing services provide the bad employee with an easy way of converting the checks to cash. The services can and sometimes do make payment on the diverted … Continue reading “BANKS CAN’T HIDE BEHIND CHECK CASHING SERVICES WHEN NEGOTIATING FORGED CHECKS.”

DID THE FOURTH DISTRICT GET COSTS WRONG IN OTAY RANCH?

Oakland, CA (Originally published, Nov. 6, 2014) I’ve been thinking recently about a decision issued by the Fourth District Court of Appeals on September 29, 2014. The issues considered in the published portions of Otay Ranch v. County of San Diego, 230 Cal. App. 4th 60 (4th Dist. Sept. 29, 2014) are hardly earth shattering. … Continue reading “DID THE FOURTH DISTRICT GET COSTS WRONG IN OTAY RANCH?”

THE BEST DEFENSE IS NOT ALWAYS AN AGGRESSIVE OFFENSE

Oakland, CA (Originally published, Oct. 22, 2014) As a civil litigator, I sometimes field phone calls from people who, after being threatened with litigation, ask, “Why can’t I sue first?” This “the best defense is a good offense” approach to litigation sometimes works and sometimes, well not so much. A recent California Court of Appeal … Continue reading “THE BEST DEFENSE IS NOT ALWAYS AN AGGRESSIVE OFFENSE”

THE SECOND CIRCUIT DELIVERS “HOT POTATO” TO THE NEW YORK COURT OF APPEALS

Oakland, CA (originally published, Oct. 15, 2014) The New York Court of Appeals received a “hot potato” of sorts from the United States Court of Appeals for the Second Circuit in April 2014 regarding a state law that requires attorneys admitted to practice in NY who reside elsewhere to maintain an office in state. In … Continue reading “THE SECOND CIRCUIT DELIVERS “HOT POTATO” TO THE NEW YORK COURT OF APPEALS”

CLAASSEN, PROFESSIONAL CORPORATION STANDS UP FOR PROPERTY OWNERS IN THE CITY OF OAKLAND.

Oakland, CA (Originally published Sept. 12, 2014) Claassen, Professional Corporation has joined with the Pacific Legal Foundation in filing the Opening Brief in an appeal challenging the City of Oakland’s administration of building code enforcement. Since the economic crisis of 2008, it has become painfully clear that homes represent a large portion of people’s assets. … Continue reading “CLAASSEN, PROFESSIONAL CORPORATION STANDS UP FOR PROPERTY OWNERS IN THE CITY OF OAKLAND.”

Claassen, P.C. Secures Nearly $300,000 for Oakland Property Owners In Settlement With The City.

Oakland, CA (Originally posted on August 6, 2014) The offices of Claassen, P.C. announced today that it secured a settlement of almost $300,000 from the City of Oakland on behalf of the firm’s clients after their home was flooded by raw sewage. City workers had been undertaking a sewer main clean out operation on a … Continue reading “Claassen, P.C. Secures Nearly $300,000 for Oakland Property Owners In Settlement With The City.”