December 12, 2020

California Law Regarding Nuisance Claims

California Code of Civil Procedure § 731 specifically authorizes an action by any person whose property is injuriously affected, or whose enjoyment of property is lessened by a nuisance, as the same is defined in Civil Code § 3479.  California Civil Code § 3479 defines a nuisance...

California’s anti-SLAPP Law

California Code of Civil Procedure § 425.16, commonly referred to as the anti-SLAPP Law, provides that a cause of action arising from a defendant’s conduct in furtherance of constitutionally protected rights of free speech or petitioning may be stricken unless the plaintiff has a...

Defamation: Slander and Libel

“Defamation is an invasion of the interest in reputation. The tort involves the intentional publication of a statement of fact that is false, unprivileged, and has a natural tendency to injure or which causes special damage.” (Smith v. Maldonado (1999) 72 Cal.App.4th 637, 645...

California Law Regarding Enforcement of Settlement Agreements

Code of Civil Procedure section 664.6 provides a summary procedure to enforce a settlement agreement by entering judgment pursuant to the terms of the settlement. (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 809. The statute states: “If parties to pending...