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Procedural Posture

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  • Procedural Posture

    Plaintiff physician appealed a judgment from the Superior Court of Los Angeles County (California), dismissing his action against defendant County of Los Angeles for specific enforcement of a settlement agreement entered into to resolve an employment dispute plaintiff had pursued before the county civil service commission.

    California Business Lawyer & Corporate Lawyer, Inc. is an Orange County business attorney

    Plaintiff physician and defendant County of Los Angeles settled an administrative action brought by plaintiff alleging discrimination in denying him a position in the cardiology department of the county hospital. When defendant failed to honor the settlement agreement, plaintiff brought the instant action for specific performance and declaratory relief. Plaintiff also filed a petition for writ of mandate, seeking to have the county civil service commission ordered to enforce the settlement agreement. The trial court in that action denied relief, finding that plaintiff failed to establish discrimination and was guilty of laches in seeking the writ. The trial court dismissed the instant action on collateral estoppel grounds. On appeal, the court affirmed on other grounds. It could not be concluded on the pleadings that plaintiff was guilty of laches. However, the remedy of specific performance was not available to enforce the terms of the settlement agreement, which was in essence a personal service contract, due to the common law rule, codified in Cal. Civ. Code 3390, that such contracts cannot be specifically enforced. Plaintiff's only remedy was an action at law for damages.

    The judgment dismissing plaintiff physician's action was affirmed. The pleadings did not establish that he was guilty of laches in bringing his action against defendant county for specific performance. However, the settlement agreement was essentially a contract for personal services and common law, and a statute barred specific enforcement of such contracts. Plaintiff's only remedy was an action at law for damages for breach of contract.

  • #2
    In the absence of such a restriction as this law, the decision could have been made in favor of the defendant because the court would have been obliged to apply the direction of the United Kingdom, that is, the plaintiff's rights to compensation for damages.


    • #3
      Yes, unfortunately, not everyone can afford a good lawyer. And if a person doesn't know the law, he can't defend himself at all. And this is important not only in such situations in court but also in everyday life. For example, you have to communicate with various authorities when doing business, and you do not always know how to behave correctly. At inspections, people start to get nervous for nothing. They don't even ask the inspector for an ID. And this, in turn, leads to fines. I believe that knowing the law and your right in court or in other situations is necessary for all people. At the very least, it should be a prerequisite for the normal development of both individuals and businesses.


      • #4
        Looks like you guys are talking about lawyers, but this is some complicated stuff. I'm just searching for a lawyer in Philadelphia.


        • #5
          Nowadays there's tons of various law agencies, with wildly varying prices, expertise and level of quality. If you're currently searching for a lawyer northeast philadelphia, I would say that Greg Prosmushkin is a good candidate to contact. He mainly specializes in personal injury, but you can have a free consultation with him for any case you might have.


          • #6
            That's really interesting for me!


            • #7
              Any young lawyer can fall into the sin of believing that he is very well prepared. In the effort to persuade a client to turn to him, he may tend to talk too much about his legal knowledge instead of listening to the client's real problems. This is a mistake since the general opinion among the litigant public is that lawyers are good professionals, and that is why they turn to their services. And with, I found a pretty ok lawyer.