Not a Very Wise Move
Diaz v. Professional Cmty. Mgmt., Inc., No G053909 (D4d3 Nov. 8, 2017) This, my friends, is some sketchy, sketchy, stuff.It’s an employment case. Employer’s SJ gets denied two weeks before the trial...
View ArticleFast and Loose Doesn’t Look Good on You
Padron v. Watchtower Bible & Tract Society of N.Y., Inc., No. D070723 (D4d1 Nov. 9, 2017)In a child sex abuse case against a Church, the Church is stonewalling about producing documents detailing...
View ArticleWho You Givin’ Only One Star?
Yelp Inc. v. Superior Court, No. G054358 (D4d3 Nov. 13, 2017) Discovery of anonymous poster information from Internet companies has been a hot topic in Court of Appeal lately. In the past year or so,...
View ArticleVoluntary Dismissal Is Enough Merit to Avoid Malpros SLAPP
Medley Capital Corp. v. Security Nat’l Guarantee Inc., No. A147726 (D1d2 Nov. 13, 2017)A party that voluntarily dismissed some counterclaims in a prior real estate dispute got hit with a malicious...
View ArticleComing Around, Slowly
Whitehall v. Cnty. of San Bernardino, No. E065672 (D4d2 Nov. 15, 2017)Plaintiff sued her employer—a government Agency—for retaliating against her for being a whistleblower. The Agency responded with an...
View ArticlePublic Forum Questions Under CCP § 425.16(e)(4)
Ralph’s Grocery Co. v. Victory Consultants, Inc., No. D070804 (D4d1 Nov. 15, 2017)The trial court in this case granted an anti-SLAPP motion, dismissing a case where a grocery store sued paid petition...
View ArticleNo RJT for BFD.
Central Laborers’ Pension Fund v. MacAfee, Inc., No. H039508 (D6 Nov. 15, 2017)This case—a stockholder suit alleging a breach of fiduciary duty in connection with a merger—is interesting because 90...
View ArticleRelation Back Doesn’t Apply Here
Curtis Eng'g Corp. v. Superior Court, No. D072046 (D4d1 Nov. 16, 2017) In some professional negligence cases, the plaintiff is required to obtain and file a “certificate of merit”—basically a...
View ArticleChargemaster Avoids Class Cert Again
Hefczyc v. Rady Children's Hospital San Diego, No. D071264 (Nov. 11, 2017) This is another “chargemaster” medical billing class action, almost identical to the Kendall case I wrote about a few weeks...
View ArticleIs the Condition of a 1993 Mercury Tracer Really a Matter of Public Interest?
Klem v. Access Ins. Co., No. D070623 (D4d1 Nov. 20, 2017)When Plaintiff got into an accident, the other driver’s Insurance Company gave notice to the DMV that Plaintiff’s car—a wrecked ’93 Mercury...
View ArticleNo CC § 47(b) Protection for Cosby Nastygram.
Dickinson v. Cosby, No. B271470 (D2d8, Nov. 21, 2017)This is a high-profile defamation case brought by Janice Dickinson against Bill Cosby and his Attorney after Cosby—through his Attorney—accused...
View ArticleProcedural Perfection Is a Lot to Expect
Laboratory Specialists Int'l, Inc. v. Shimadzu Sci. Indus., No. G054056 (D4d3 Nov. 21, 2017) The contract in this commercial dispute selected Maryland law and a county in Maryland for venue. Defendant...
View ArticleThrough the McCarran-Ferguson Looking Glass
Citizens of Humanity, Inc. v. Applied Underwriters, Inc., No, B276601 (D2d2 Nov. 22, 2017) When we talk about preemption and arbitration, we’re usually talking about federal law preempting a state law...
View ArticlePark Rolls On
Shahbazian v. City of Ranch Palos Verdes, No. B271562 (D2d7 Nov. 22, 2017)Some grumpy Palos Verdeans in a fence dispute with their neighbors sued a City for issuing an “over-the-counter after-the-fact...
View ArticleThis Is Madness!
Rhue v. Superior Court, No. B283248 (D2d7 Nov. 28, 2107)In many of California’s counties, the courts no longer provide official reporters. Parties need to bring their own. But if the parties can’t...
View ArticleFailure to Issue a Statement of Decision Is Not Structural Error
F.P. v. Monier, No. S216566 (Cal. Nov. 27, 2017)After a bench trial, and despite a proper request, the court in this case failed to issue a statement of decision under Code of Civil Procedure § 632....
View ArticleCan't Waive the PAGA Till You're a PAG
Julian v. Glenair, Inc., No. B277064 (D2d4 Dec. 13, 2017) By now, it’s well-settled that an employee’s claims under the Labor Code Private Attorney General Act, or PAGA, aren’t arbitrable, even if the...
View ArticleSometimes a Power of Attorney Just Isn't
Hutcheson v. Eskaton Fountainwood Lodge, No. C074846(D3 Nov. 28, 2017, on rehearing) Nursing homes loooooove arbitration. So they put arbitration clauses in all of their admission contracts. Problem...
View ArticleOops!
Satya v. Chu, No. A148823 (D1d5 Nov. 29, 2017)Code of Civil Procedure § 664.6 permits the parties to stipulate to the entry of a judgment as part of the settlement of a case. The parties can also ask...
View ArticleAbbott and Costello Do Wage and Hour
Turman v. Superior Court, No. G0511871 (D4d3 Nov. 19, 2017)In a case where corporate structure is at issue, it’s mighty confusing when there’s a real live person named “Parent.” Arthur J. Parent, that...
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