Sanctionable, But Not Contempt.
Van v. Language Line Servs., Inc., No. H041459 (D6 Feb. 1, 2017)Plaintiff in an employment case filed an ex parte application to stay her deposition, which the court denied. She continued to object...
View ArticleExpert's MSJ Declaration Needs to Engage to Be Admissible.
Sanchez v. Kern Cnty. Med. Transp. Corp., No. F069843 (D5 Feb 2, 2017) Plaintiff is a severely concussed high school footballer. He claims that the ambulance crew who transported him to the hospital...
View ArticleRef Don't Matter if the Decision Was Right
Stella v. Asset Management Consultants, Inc., No. B269207 (D2d7 Feb 6, 2017) A limited partnership agreement for a real estate investment contains a provision that subjects any dispute arising from or...
View ArticleCBA Doesn't Require Union Nurses to Arbitrate Wage and Hour Claims
Wasserman v. Henry Mayo Newhall Mem. Hosp., No. B267975 (D2d4 Feb. 7. 2014)Plaintiff is a unionized nurse bringing a class action for wage and hour violations against her employer. Her union’s...
View ArticleMockery of Private People Is Not of Public Interest
Daniel v. Wayons, No. B261814 (D2d1 Feb. 9, 2017)Just when we were starting to have a run of good anti-SLAPP decisions . . .Plaintiff was a one-day extra on Haunted House 2, a Damon Wayans flick....
View ArticleEverybody Deserves a Little Delay
Hamilton v. Orange Cnty. Sheriff’s Dept., No. G051773 (D4d2 Feb. 14, 2017)Defendant in this case filed a summary judgment motion that would have been timely consistent with the original trial date. But...
View ArticleThere's No Intra-Case Res Judicata
Samara v. Matar, No. B2657525 (D2d7 Feb. 15, 2017) P brings a dental malpractice claim against Dentist and against Dentist’s Employer. Employer was sued both on a respondeat superior theory and for...
View ArticleThis Just Seems Wrong
Doe v. California, No. D069411 (D4d1 Feb. 15, 2017)I had thought that recent Wayansanti-SLAPP decision was pretty bad, but this one is awful. P was charged with a sex offense way back in 1985 but the...
View ArticleOur Yemen of Libel Tourism ...
Argentieri v. Zuckerberg, No. A147932 (D1d5 Feb. 15, 2017)If you want to sue someone for defamation and you have a choice of forum between California and pretty much anywhere else, California is almost...
View ArticleNot Dead Yet ...
S. Cal. Sunbelt Developers v. Banyan Ltd. P'ship, No. G051260 (D4d3 Feb. 16, 2017)This dispute over a joint venture has been going on for twenty years. A receiver was ultimately appointed to wind the...
View ArticleSJ Experts Must Be Disclosed by Statutory Deadline
Perry v. Bakewell Hawthorne, LLC, No. S233096 (Cal. Feb. 23, 2017) Based on the statutory deadlines, California’s somewhat unique method of expert discovery—a mutual exchange of expert...
View ArticleRFA Withdrawal Can Cost You Fees
Rhule v. Wavefront Technology Inc., No. B267359 (D2d5 Feb. 23, 2017)The trial court let Plaintiff withdraw two admissions tendered in response to requests for admission, conditioned on an award of fees...
View ArticleHow SLAPPs Go South.
Melamed v. Cedars-Sinai Med. Ctr., No. B263095 (Feb. 27, 2017)Another case in the intersection between the anti-SLAPP statute and hospital peer review. The peer review at issue suspended privileges for...
View ArticleGiving the Devil the Benefit of Civil Procedure, for Safety’s Sake...
Emerald Aero, LLC v. Kaplan, No. D070579M (D4d1 as modified on rehearing, Mar. 21, 2017)I’m a little skeptical of the benefits of arbitration. The lack of formal procedure, in particular, makes me a...
View ArticleMore HOA SLAPPs
Colyear v. Rolling Hills Cmty. Assn. of Rancho Palos Verdes, No. B270396 (D2d4 Feb 28, 2017) Another in a long line of cases addressing anti-SLAPP motions in HOA disputes. This one deals with a tree...
View ArticleToo Creative . . .
Haniff v. Superior Court, No. H043345 (D6 Mar. 1, 2017)The trial court ordered a personal injury to submit to a vocational rehabilitation exam to examine his capacity for other work in the future. The...
View ArticleNo Tolling Under § 340.6 Post Attorney’s Motion to Withdraw
Flake v. Neumiller & Beardslee, No C079790 (D3 Mar 2, 2017)Under Code of Civil Procedure § 340.6, the statute of limitations on an attorney malpractice claim is tolled while the attorney continues...
View ArticleNothing New, Move Along
Betancourt v. Prudential Overall Supply, No. E064326 (D4d2 Mar. 7, 2017) Not really sure why this one was published. Straight up holds that PAGA claims can’t be compelled to arbitration because...
View ArticleReceiver Procedure Fine on Declarations
City of Crescent City v. Sarvada Nand Hanumanthu Reddy, No. A143640 (D1d4 Mar. 7, 2017)A motel up in Del Norte County got hit with a judgment for failure to comply with building codes, but afterwards...
View ArticleManufacturing Juror Consent
Shanks v. Dept. of Trans., No B268459 (D2d6 Mar. 9, 2017)Juror No. 7 in a wrongful death case got dimed out by Jurors 1 and 2 for refusing to deliberate. The court questioned the tattlers, but not No....
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