P brought a quiet title action concerning a real property. D failed to answer or respond, and on P's request default was entered against D, and P submitted default prove up package. D's counsel appeared at case management conference and indicated they wish to bring a motion to set aside default. However, the court did not provide any time extensions and shortly thereafter entered judgment based on P's written prove up materials. Held: California Code of Civil Procedure section 764.010 requires the court to hold an evidentiary hearing for judgment affecting property's title.

California Court held: If a tenant breaches lease, but landlord is able to bring in replacement tenants paying higher rent, the incremental rent paid by replacement tenants should be applied to offset damages against original tenant. Where tenant breached lease, but incremental rent by subsequent tenants fully offset all damages, defendant was the prevailing party and entitled to recover its attorney's fees. [advance sheet courtesy of metnews.com]

Southfield, MI (Law Firm Newswire) December 20, 2011 – This is a disturbing accident case involving a teen on a bike with no brakes and a fire truck. The fire truck ran over the teen.

Brandon, FL (Law Firm Newswire) December 20, 2011 – The holidays are without question the toughest time of year for newly divorced couples and the children of their broken marriage. In order to minimize the stress that comes with the holiday season both parents must often go above and beyond what they think is reasonable in order to keep the peace.

Austin, TX (Law Firm Newswire) December 19, 2011 – Finally, there is a program that may better analyze if someone has sustained a traumatic brain injury.

Woodbridge, NJ (Law Firm Newswire) December 19, 2011 – David A. Roth, a partner and Chair of the Environmental Practice Group at Greenbaum, Rowe, Smith & Davis LLP’s Woodbridge office, was a speaker at, “Working with Your LSRP” short course on December 5, 2011. The seminar was hosted by the Rutgers University Agricultural Experiment Station.

P sold a property and took back a promissory note and Deed of Trust ("TD"). TD was prepared by Title Co. When buyer defaulted, Title Co. informed P of an error in the TD, so the TD had to be reformed. After reformation, Title Co. conducted another foreclosure sale, but noon bid on the property. P sued Title Co. California Court of Appeal upheld summary judgment in favor of Title Co, becuase P could not identify any ready, willing, and able buyers who could purchase the property at the original foreclosure date.

Dallas, TX (Law Firm Newswire) December 16, 2011 – Corporate layoffs can happen for a variety of reasons and the severance packages that many companies offer their exiting employees can vary in their scale and scope.

Waxahachie, TX (Law Firm Newswire) December 16, 2011 – Grain handling facilities across the state of Texas have recently been given serious Occupational Safety & Health (OSHA) violations. Serious OSHA violations show that a facility did not carry out safety practices and thus could have injured or killed workers while on the job. In Saginaw, Horizon Milling LLC could be liable for penalties up to $57,000 for 17 serious violations at its facility that employs 85 workers.

Pradaxa: FDA Investigating Possible Higher Than Expected Incident Rate Of Serious Bleeding Side Effects Adverse Event Reports For This New Blood Thinner Drug May Exceed Pre-Approval Clinical Trial Observations http://www.drug-injury.com/druginjurycom/2011/12/pradaxa-fda-safety-investigation-bleeding-hemorrhages-thromboembolic-events-reports-side-effects.html