Procedural Posture
Appellant property buyer challenged the decision of the Superior Court of Orange County (California), which denied appellant attorney fees after respondent leaseholder voluntarily dismissed its contract and tort claims arising from respondent's right of first refusal.
Overview
Respondent was given a right of first refusal in his lease on certain property. The lessors sold the demised property and an adjacent parcel to a joint venture, which in turn agreed to sell the adjacent parcel to appellant property buyer. Respondent brought a complaint for specific performance, declaratory relief, breach of contract, and a variety of tort causes of action including interference with business advantage. Respondent appended a demand for attorney fees pursuant to the lease agreement. On appellant's motion, respondent dismissed the first cause of action before respondent had the entire action voluntarily dismissed. The parties stipulated to entry of judgment, and appellant sought attorney fees, which the trial court denied. Appellant challenged this decision. On appeal the court affirmed, holding that because appellant was dismissed from the action voluntarily, Cal. Civ. Code § 1717 precluded an award of reciprocal attorney fees otherwise available to the "prevailing party," regardless of whether contract causes of action remained until the voluntary dismissal or were excised earlier by either party.
Outcome: caci battery
The court affirmed the denial of attorney fees to appellant property buyer in favor of respondent leaseholder because as appellant was dismissed from the action voluntarily, respondent was precluded from an award of reciprocal attorney fees otherwise available to the "prevailing party," regardless of whether contract causes of action were previously adjudicated or remained until the voluntary dismissal.
Procedural Posture
Defendant property owners sought review of the decision of the Superior Court of the City and County of San Francisco (California), which entered a judgment in favor of plaintiff paving company in the company's action to enforce an assessment of the costs of a street improvement project.
Overview
The city passed a resolution of intention to lay granite curbs along a portion of street where the owners' property was situated. The paving company brought an action to enforce the assessment against the owners. The owners argued that the assessment was void because it covered their property but not other owners' property and because the owners had entered into some private contracts with the paving company to their damage. The superior court entered a judgment in favor of the paving company. On appeal, the court affirmed the judgment of the superior court. The court noted that the resolution permitted there to be no assessment against portions of the property where the work was already done. The contention that the assessment affected the owners' property more heavily than others was not supported by the evidence. The court held that the existence of other private contracts between the owners and the company were not a proper defense to an action on the assessment to cover the cost of the current improvement.
Outcome
The court affirmed the judgment of the superior court.
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Jokowi - Researcher of LIPI, Prof. Dr. Syamsuddin Haris said, the issues about the issuance of the Government Regulation in Lieu of Law (Perppu) the COMMISSION can have an impact on the impeachment of President Joko Widodo (Jokowi) is duping the public.
"This duping of the public, not only to misunderstand but understand wrong.
He explained that impeachment, in accordance with the constitution, only happens if the president is in violation of the law that includes treason against the state, criminal activities, bribery or the president to do the despicable deed.
(Read: Surya Paloh: Jokowi Agreed with the Bearer Party Tolak Perppu KPK)
He added that President Jokowi should not need to be distracted by the issue of impeachment in making decisions about the issuance of the Perppu KPK.
As is known, the part of the public rejected the LAW COMMISSION the results of the revision because it is believed to weaken the institution of anti-corruption, so that needs to be cancelled, reviewed or postpone the use of the COMMISSION ACT it by way of the issuance of the Perppu by president.
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