Referral to the DA Is Protected Activity
Santa Clara Wastewater Co. v. County of Ventura, Envtl. Health Div., No. B27867 (D2d6 Nov. 30, 2017)After an explosion and fire at a wastewater treatment facility, a local regulator, coordinating with...
View ArticleRule Change Created No Vested Right to Arbitrate
State Farm Gen. Ins. Co. v. Watts Regulator Co., No. B271236 (D2d8 Nov. 30, 2018)A bunch of insurers are members of an outfit that arbitrates some of the subrogation claims they tend to bring against...
View ArticleLazy Plaintiff Gets the Blues
Noel v. Thrifty Payless, Inc., No. A143026 (D1d4 Dec. 4, 2017)Plaintiff brought a consumer class action because the picture on the box of an inflatable pool he bought at Rite Aid showed a pool that was...
View ArticleCourt Can't Force a Cottle by Surprise
Dept. of Forestry & Fire Protection v. Howell, No. C074879 (D3 Dec. 6, 2017)In complex cases, California trial courts are afforded some procedural leeway to come up with means to streamline the...
View ArticleStare Decisis Carries the Day
Hernandez v. Restoration Hardware, No. S233983 (Cal. Jan. 29, 2018)I wrote about this case when it was decided by the Court of Appeal in early 2016. Basically, the court held that because Code of Civil...
View ArticleSargon, Take Me Away!
Apple Inc. v. Superior Court, No. D072287 (D4d1 Jan. 29, 2018)Generally speaking, plaintiff who moves to certify a class needs to support the motion with admissible evidence to show numerosity,...
View ArticleSecond Shot for the First Time on Appeal
Sierra Palms Homeowners Assoc. v. Metro Gold Line Extension Construction Authority, No. B275241 (D2d7 Jan. 29, 2018).California has an inefficient rule that if a demurrer is granted against you, you...
View ArticleDestined to End Poorly
Optional Capital v. Akin Gump Strauss Hauer & Feld LLP, No. B275274 (D2d1 Dec. 7, 2017)In connection with an appeal in a related case just about four years ago, we discussed how judgment collection...
View ArticleBoard Rollover Precludes Demand Futility for New Claims
Apple Inc. v. Superior Court, No. H044133 (D6 Dec. 11, 2017)This case addresses an interesting question about demand futility in stockholder derivative actions.The whole point of a derivative action is...
View ArticleArb Clause Can't Stick to Signatory’s Employee
Jensen v. U-Haul of Cal. Co., No. E065887 (D4d2 Dec. 11, 2017)Plaintiff was injured when a tire blew out on a rental truck he was driving, so he sued the rental company for negligence. But Plaintiff’s...
View ArticleGetting Dirty in the Collections Game
Duke v. Superior Court, No. F073712 (D5 Dec. 13, 2017)A CEO and two Investors were guarantors on their Company’s lease. After the Company breached the lease, the Company, the CEO, and the Investors...
View ArticleFee Clause in Voidable Contract Gets Defendants Fees under CC § 1717
Cal.-Am. Water Co. v. Marina Coast Water Dist., No. A146166 (D1d1 Dec. 15, 2017)Defendants won this breach of contact case by successfully arguing that the contract at issue was void under Government...
View ArticleBotched Expedition Leads to Five Years of Jurisdictional Limbo
Kurwa v. Kislinger, No. S23461 (Cal., as amended Jan. 31, 2018)Back in 2013, the Supreme Court nixed an earlier appeal in this case. But now it’s back.The first time around, after a key legal ruling in...
View ArticleCan't Hide Forever . . .
Creed-21 v. City of Wildmar, No. E066367 (D5 Dec. 19, 2017) This is a CEQA administrative mandamus case challenging the development of a Walmart in Riverside County. Please don’t just stop reading....
View Article§ 47(b) Privilege Yields to the Insurance Fraud Prevention Act
People ex re Alzayat v. Hebb, No. E066471 (D4d2 Dec. 19, 2017)In this case, Plaintiff has brought a qui tam case alleging that his employer and a supervisor violated the Insurance Frauds Prevention Act...
View ArticleBy this Point, It Seems Pretty Clear . . .
Lawson v. ZB, N.A, No. D071279 (D4d1 Dec. 21, 2017)Shorter Court: PAGA claims aren’t arbitrable. However you want to slice and dice them. Period. Writ granted.
View ArticleAttachment 101
Santa Clara Waste Water Co. v. Allied World Nat’l Assurance Co., No B279679 (D2d6 Dec. 20, 2017) To obtain a pretrial writ of attachment, the plaintiff needs to make an evidentiary showing of the...
View ArticleSOL Is Not OTM
Boyd v. Freeman, No. B279246 (D2d4 Dec. 20, 2017)When a case is brought to judgment, res judicata bars litigation of all claims that were brought or could have been brought in the first action. But it...
View ArticleAmbiguities Do Not a Sham Affidavit Make
Turley v. Familian Corp., No. A149752 (D1d2 Dec. 22, 2017)Under D’Amico v. Board of Medical Examiners, 11 Cal. 3d 1 (1974), you can’t avoid summary judgment by submitting a declaration from a witness...
View ArticleFounder Fends Off Parol Evidence Challenge to Oral Put
Kanno v. Marwit Capital Partners II, L.P., No G052348 (D4d3 Dec. 22, 2017) Founder was selling his company to Buyers, a private equity outfit. He wanted to just cash out and be done. But Buyers—as...
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