remedies violation in California

2023The remedy chosen will vary depending on the circumstances of each case.” (People v. Mancheno (1982) 32 Cal.3d 855, 860 .) “The usual remedies for violation of a plea bargain are to allow defendant to withdraw the plea and go to trial on the original charges, or to specifically enforce the plea bargain.” (Id. at pp. 860–861.) Here, the court could not specifically enforce the parties’ agreement by forcing Taylor to involuntarily waive his constitutional rights and coerce a slow plea (or procedural agreement).

2014“The usual remedies for violation of a plea bargain are to allow defendant to withdraw the plea and go to trial on the original charges, or to specifically enforce the plea bargain.” (People v. Mancheno (1982) 32 Cal.3d 855, 860-861 .) Thus, we will remand the matter for the trial court to specifically enforce the plea agreement and place defendant on probation, in accordance with the agreement.

2022“Broadly speaking, election of remedies is the act of choosing between two or more concurrent but inconsistent remedies based upon the same state of facts.” (Roam v. Koop (1974) 41 Cal.App.3d 1035, 1039 .) “In its ‘conventional form,’ the doctrine of election of remedies ‘is stated as follows: Where a person has two concurrent remedies to obtain relief on the same state of facts, and these remedies are inconsistent, he must choose or elect between them; and if he has clearly elected to proceed on one, he is bound by this election and cannot thereafter pursue the other.

2021Santisas states that “this court has held that [Civil Code] section 1717 applies only to actions that contain at least one contract claim,” and “[i]f an action asserts both contract and tort or other noncontract claims, section 1717 applies only to attorney fees incurred to litigate the contract claims.” (Santisas, at p. 615.) But Santisas also explains that “[i]f a contractual attorney fee provision is phrased broadly enough, as this one is, it may support an award of attorney fees to the prevailing party in an action alleging both contract and tort claims: ‘[P]arties may validly agree that t

2021Those expenses include, for example, reasonable attorneys’ fees.” Similarly, the remedies clause in the deed of trust provided that the lender “shall be entitled to collect all expenses incurred in pursuing the remedies provided in this [section], including, but not limited to, reasonable attorneys’ fees and costs of title evidence.” Plaintiff cites Santisas v. Goodin (1998) 17 Cal.4th 599 .

2021Santisas states that “this court has held that [Civil Code] section 1717 applies only to actions that contain at least one contract claim,” and “[i]f an action asserts both contract and tort or other noncontract claims, section 1717 applies only to attorney fees incurred to litigate the contract claims.” (Santisas, at p. 615.) But Santisas also explains that “[i]f a contractual attorney fee provision is phrased broadly enough, as this one is, it may support an award of attorney fees to the prevailing party in an action alleging both contract and tort claims: ‘[P]arties may validly agree that t

2021Santisas states that “this court has held that [Civil Code] section 1717 applies only to actions that contain at least one contract claim,” and “[i]f an action asserts both contract and tort or other noncontract claims, section 1717 applies only to attorney fees incurred to litigate the contract claims.” (Santisas, at p. 615.) But Santisas also explains that “[i]f a contractual attorney fee provision is phrased broadly enough, as this one is, it may support an award of attorney fees to the prevailing party in an action alleging both contract and tort claims: ‘[P]arties may validly agree that t

2020Legal Principles “[S]ection 18000 of the Probate Code . . . provides that ‘a trustee is not personally liable on a contract properly entered into in the trustee’s fiduciary capacity in the course of administration 39 of the trust unless the trustee fails to reveal the trustee’s representative capacity or identify the trust in the contract.’ Sections 18001 and 18002 go on to state that ‘[a] trustee is personally liable for obligations arising from ownership or control of trust property only if the trustee is personally at fault,’ and that ‘[a] trustee is personally liable for torts committed in

2013(In re Alvernaz, supra, at p. 942 .) In People v. Mancheno, supra, 32 Cal.3d at pages 860-861, the Supreme Court stated: “The usual remedies for violation of a plea bargain are to allow defendant to withdraw the plea and go to trial on the original charges, or to specifically enforce the plea bargain.

2013Courts find withdrawal of the plea to be the appropriate remedy when specifically enforcing the bargain would have limited the judge’s sentencing discretion in light of the development of additional information or changed circumstances between 10 The court noted, “[s]pecific enforcement of a failed plea bargain is not a remedy required by the federal Constitution.” (In re Alvernaz, supra, 2 Cal.4th at p. 942 .) 18 acceptance of the plea and sentencing.

2007In Ladd v. Iowa West Racing Ass’n (Iowa 1989) 438 N.W.2d 600, 602 , the court actually declared that the promotional campaign itself “was clearly violative of the statute” because of the advantage given to women.

1982(People v. Calloway, supra, 29 Cal.3d at p. 673 .) The usual remedies for violation of a plea bargain are to allow defendant to.withdraw the plea and go to trial on the original charges, or to specifically *861 enforce the plea bargain.