Wiener Law Blog

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 as “[anything] which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property …” The statutory definition of nuisance is broad enough to... READ MORE

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 probability of prevailing on the merits. (Code Civ. Proc. § 425.16, subd. (b)(1).) The California Supreme Court described the purpose of the anti-SLAPP Law in Soukup v. Hafif (2006) 39 Cal.4th 260, where it said: “The Legislature enacted section 425.16 to prevent... READ MORE

“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.) “Defamation is effected by either of the following: (a) Libel. (b) Slander.” (Civ. Code § 44.) “Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred,... READ MORE

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 litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc. §... READ MORE

An insurer can be subject to tort liability for breach or the implied covenant of good faith and fair dealing where the insurer fails to investigate a claim, fails to defend its insured and/or fails to make a reasonable effort to settle covered claims against its insured within policy limits. Such conduct can render an insurer liable for compensatory damages, punitive damages, emotional distress damages and the opposing party’s attorney’s fees. As in every other contract, an implied covenant of good faith and fair dealing is implicit in an... READ MORE