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      Issue Number 224

August, 2010
 

Overview of topics...

LEAD NOTE:

  • Fees Not Yet Due from G to D When Restraining Notice Is Served on G by D's Judgment Creditor Are Subject to Restraint Even Though Contingent

GENERAL PRACTICE:

  • D's Obligation to Pay P's Attorneys' Fees In Indemnifying Claims Made Against P By Others Doesn't Cover P's Own Suits Against D
  • 31-Day Suspension of Driver's License After Three Convictions of Driving with Hand-Held Cellphone Is Upheld
  • Fully Divorced Parties Who Have Second Thoughts Can Simply Remarry; They Can't Just Stipulate to Vacate Divorce
  • Court Rejects Peculiar Contention That Party's Right to Arbitrate Is Defeated If Opposing Party Sues First, and in Court
  • Court Reviews Permissible Disbursements in Property Damage Action

BACKLOG ITEMS:

  • Element Indispensable to P's Claim of Constructive Trust, Missing from Complaint, Can Be Supplied Even by D's Affidavit
  • "Dementia" Qualifies as "Insanity" Under Statute of Limitations Tolling Provision

 ARTICLE HEADLINES


Feature Article:

FEES NOT YET DUE FROM G TO D WHEN RESTRAINING NOTICE IS SERVED ON G BY D'S JUDGMENT CREDITOR ARE SUBJECT TO RESTRAINT EVEN THOUGH CONTINGENT

arrow General Practice Points:

ATTORNEYS' FEES BY CONTRACT
D's Obligation to Pay P's Attorneys' Fees In Indemnifying Claims Made Against P By Others Doesn't Cover P's Own Suits Against D

PENALTY OF LICENSE SUSPENSION
31-Day Suspension of Driver's License After Three Convictions of Driving with Hand-Held Cellphone Is Upheld


 


VACATING DIVORCE BY STIPULATION?
Fully Divorced Parties Who Have Second Thoughts Can Simply Remarry; They Can't Just Stipulate to Vacate Divorce

ARBITRATION ORDERED
Court Rejects Peculiar Contention That Party's Right to Arbitrate Is Defeated If Opposing Party Sues First, and in Court

COSTS AND DISBURSEMENTS ALLOWANCES
Court Reviews Permissible Disbursements in Property Damage Action

 

 

arrow Backlog Items:

MAY P RELY D'S AFFIDAVIT?
Element Indispensable to P's Claim of Constructive Trust, Missing from Complaint, Can Be Supplied Even by D's Affidavit

DISABILITY OF INSANITY
"Dementia" Qualifies as "Insanity" Under Statute of Limitations Tolling Provision


         
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