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Tag Archives: Judge David A. Oblon

Court articulates factors to award attorneys’ fees (access required)

Where the divorcing parties each seek attorneys’ fees from the other, the court provides the guidelines and considerations it uses to determine whether to shift attorneys’ fees and whether a fee request is reasonable. Discussion “[T]here is little authority to ...

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Wages cannot be recouped for alleged concealed wrongdoing (access required)

Plaintiff employer cannot recoup compensation paid to defendant employee while he allegedly concealed job-related wrongdoing. This letter opinion is issued to explain why it differs from an opposite conclusion another judge of this court reached in a related case. Overview ...

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Guardian required for incapacitated person’s divorce (access required)

A power of attorney agent may not maintain a divorce action on behalf of the principal. The Uniform Power of Attorney Act expressly grants guardians the power to change a ward’s marital status. Overview The parties married in 1993. They ...

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Owners enjoined from parking truck on property (access required)

After receiving notice to remove a truck from their property, defendant provided insufficient evidence that he successfully converted the truck from an impermissible commercial vehicle into a permissible recreational vehicle. As a result, an injunction will issue compelling defendant to ...

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Separate property not subject to distribution (access required)

Where the parties’ antenuptial agreement is ambiguous, the court determines, after considering extrinsic evidence, that the agreement is best understood as barring equitable distribution of the parties’ separate property brought into, and acquired during, the marriage. This includes any gain ...

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No jurisdiction for defamation claim against UK newspaper (access required)

Plaintiff, a solicitor in the United Kingdom and a California resident, has not demonstrated how this court can assert personal jurisdiction over his defamation claim against the Daily Mail, a UK newspaper, arising from matters occurring in the UK involving ...

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Court will not seal infant settlement terms (access required)

Where the parties in this medical malpractice case, a minor, his mother and several defendants, made a pretrial settlement of plaintiffs’ claims, the court will not seal the settlement terms. Although the wrongful death statute requires settlement terms to be ...

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