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Court Watch
California's Anti-SLAPP Statute Barred Franchisee's Claim of Fraud
The California Court of Appeals held that a franchisee's claims should be stricken under the anti-SLAPP (Strategic Lawsuits Against Public Participation) statute because the allegedly fraudulent statements were made in the context of a judicial proceeding and because the franchisee failed to show a probability of success on her fraud claims. Navarro v. IHOP Properties, Inc., 36 Cal. Rptr.3d 385 (Cal. Ct. App. 2005).
In 2003, IHOP Properties, Inc. (“IHOP”) commenced an action against one of its franchisees for unlawful detainer of an IHOP restaurant, alleging that the franchisee breached a sublease and related franchise documents and was in arrears on rent. A stipulated judgment was filed on Aug. 21, 2003, for possession and damages, but execution was stayed as long as the franchisee met certain requirements, including timely payments and financial reporting. If the franchisee defaulted twice or defaulted once and failed to cure, then the judgment could be enforced immediately. In addition, the franchisee had until Dec. 12, 2003 to attempt to sell her franchise with IHOP's approval. IHOP agreed to review any proposed sale “without undue delay.”
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.