Someone Else's Decision
Aanderud v. Superior Court, No. F073277 (D5 Jul. 27, 2017).Trial court here granted a motion to compel arbitration where the agreement contained a class action waiver. In the process of doing so, the...
View ArticleConflicts and the Closely Held Corporation
Beachcomber Mgmt. Crystal Cove, LLC v. Superior Court, No. G054078 (D4d3 Jul. 28, 2017)This case addresses the interpretation Rule of Professional Conduct 3-310—the rule on client conflicts—in the...
View ArticleBecause Because
Mountain Air Enters, LLC v. Sundowner Towers, LLC, No. S223536 (Cal. Jul. 31, 2017)This Supreme Court case came up recently in the Monster case. Like Montser, it deals with whether a prevailing party...
View ArticleDead Plaintiffs Have Already Cooled Off
Baker v. Italian Maple Holdings, LLC, No. D069797 (D4d1 Jul. 31, 2017)Code of Civil Procedure § 1295 requires a medical services contract with an arbitration provision to expressly afford a 30-day...
View ArticleWhere's Your Interim Award Now, Flanders...
Kaiser Foundation Heath Plan v. Superior Court, No. B272284 (D2d7 Jul. 31, 2017) This is a very complicated-seeming healthcare reimbursement litigation between some Hospitals and an Insurer. The...
View ArticleIskanian Applies Only to the Man's Bread
Esparza v. KS Indus., LP, No. F072597 (D5 Aug. 2, 2017)In the Iskanian case, the California Supreme Court held that claims brought under the Labor Code Private Attorney General Act are not arbitrable...
View ArticleSounds More Like Garth Knight to Me
Cross v. Facebook, Inc., No. A148623 (D1d2 Aug. 9, 2017) Plaintiff here is Jason Cross, aka, Mikel Knight. No, not Michael Knight—a young loner on a crusade to champion the cause of the innocent, the...
View ArticleBad Faith ≠ No PC
Parrish v. Latham & Watkins, LLP, No. S228277 (Cal. Aug. 10, 2017)In order to bring a claim of malicious prosecution, a plaintiff needs to show that the underlying claim was brought without...
View ArticleReverse Veil Piercing for Alternative Entities
Curci Inv., LLC v. Baldwin, No. G052764 (D4d3 Aug. 10, 2017)As we’ve discussed (on one occasion at very great length), under California law, a creditor can “pierce the corporate veil” of a corporate...
View Article§ 998 Shifts Costs in FEHA and POBRA Cases
Sviridov v. City of San Diego, No. D069785 (D4d3 Aug. 15, 2017)The general rule in California is that a prevailing defendant can recover its costs. See Cal. Code Civ. Proc. § 1032(a). But there are...
View ArticleSo Much for Expedient, Efficient, and Cost Effective
Harshad & Nasir Corp. v. Global Sign Systems, No. B269429 (D2d1 Aug. 15, 2107) The posture here is pretty odd. SignCo sued BurgerCo over $100k in unpaid invoices. The case went all the way through...
View ArticleObjective Lack of Merit Shifts Fees Under CCP § 1038
Ponte v. County of Calaveras, No. C079180 (D3 Aug. 15, 2017)Plaintiff here brought a sketchy oral contract/promissory estoppel claim against a small County in NorCal. After a bunch of demurrers...
View ArticleSometimes the Suprme Court Is Just too Inconvenient
Okorie v. L.A. Unified Sch. Dist., No. B268733 (D2d1 Aug. 16, 2017)This anti-SLAPP opinion is problematic. But to get to the bottom of it, we need to talk about how to harmonize the California Supreme...
View ArticleDon't Call It a Berman
Otto, LLC v. Kho, No. A147564 (D1d1 Aug. 21, 2017)In Sonic-Calabasas A, Inc. v. Moreno, 57 Cal. 4th 1109 (2013)—aka Sonic II—the California Supreme Court held that an arbitration agreement is...
View ArticleSome Tricky Stuff About Privity
Cal. Sierra Dev., Inc. v. George Reed, Inc., No. C080397 (D3 Aug. 22, 2017) MineCo and SurfaceCo share rights to some land. Under their agreement, MineCo has the right to mine for gold and SurfaceCo...
View ArticleRepose Never Goes
PGA W. Residential Assoc. v. Hulven Int’l, Inc., No. E064270 (D5 Aug. 23, 2017)Debt collection action where the Debtor alleges that a fraudulent transfer claim is time-barred under the Uniform...
View ArticlePrivilege Log Necessary, Regardless of Burden
Riddell, Inc. v. Superior Court, No. B275482 (D2d7 Aug. 23, 2017)Insurers filed a declaratory relief action regarding a coverage dispute with an Insured that manufactures football helmets. The rule is...
View ArticleCan You Toll Your Own Death Knell?
Cortez v. Doty Bros. Equip. Co., No. B275255 (D2d7 Sept. 1, 2017)This case presents but doesn’t resolve some pretty complicated questions about appealability and the death knell doctrine.Under the...
View ArticleCourt Can't Refuse to Consider Docs Already in the Record
Roth v. Plikaytas, No. D070484 (D4d1 Sept. 13, 2017)After a trial on liability, a prevailing Defendant in a contract case sought her attorneys’ fees under Civil Code § 1717. The trial court denied the...
View ArticleA Hot Mess of Preclusion
F.E.V. v. City of Anaheim, No. G052460 (D4d3 Sept. 19, 2017)This is a civil rights case over a police shooting with a complicated procedural history. Plaintiff first filed in federal court, bringing a...
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