Settling Personal Claims Kills PAGA Standing
Kim v. Reins Int’l. Cal., Inc., No. B278642 (D2d4 Dec. 29, 2017)Plaintiff here brought some PAGA claims along with some regular wage and hour stuff. The wage and hour claims got sent to arbitration,...
View ArticleTruckers II
Muro v. Cornerstone Staffing Solutions, Inc., No. D070206 (D4d1 Feb. 23, 2018)Plaintiff is a trucker bringing a wage and hour class action against the Temp Service that employs him. His employment...
View ArticleAnti-SLAPP Movant Can Take the Complaint at Its Word.
Bel Air Internet, Inc. v. Morales, No. B270268 (D2d2 Feb. 26, 2018)So Code of Civil Procedure § 425.16(b)(2) says that an anti-SLAPP motion should be decided based on the “pleadings” and the...
View ArticleEADACPA v. MIRCA
Avila v. S. Cal. Specialty Care, No. G054269 (D4d3 Feb. 26, 2018) On behalf of his incapacitated Father, Son signed papers admitting Father to a Nursing Home, in his capacity as Father’s agent under a...
View ArticleSay It Again: RFA Responses Are Not Evidence
Victaulic Co. v. Am. Home Assurance Co., No. A146617 (D1d2 Feb. 26, 2018)This is an insurance coverage dispute over some product liability claims. During trial on declaratory judgment and bad faith...
View ArticleTaxpayers Have Standing to Litigate Consitutional Claims
Cal. DUI Lawyers Assoc. v. Dep’t of Motor Vehicles, No. B278092 (D2d4 Mar. 2, 2018) The California DUI Lawyers Association brought a taxpayer action under Code of Civil Procedure § 526a, alleging that...
View ArticleA Demand for Everything Is Apparently Not an Offer of Compromise
Arave v. Merrill Lynch, Pierce, Fenner & Smith Inc., No E061677 (D4d2, as modified, Jan. 23, 2018)First things first. A footnote at the beginning of this 95-page opinion says “We certify this...
View ArticleVictorious Non-Alter Ego Gets 1717 Fees
Burkhalter Kessler Clement & George LLP v. Hamilton, No. G054337 (D4d3 Jan. 8, 2018)P sues D for breach of contract. P also sues AE on the same contract, on the theory that AE is D’s alter ego. The...
View ArticleThe Joys of § 425.16(i)
Cent. Valley Hospitalists v. Dignity Health, No. A148742 (D1d2 Jan. 9, 2018)The complaint in this case was crappy. So crappy it wouldn’t hold up to a demurrer. Practically the only thing it was...
View ArticleBig Class Certified Under Brinker
In re ABM Indus. Overtime Cases, No. A132387 (D1d4 Jan. 10, 2018)This is a big wage and hour class action—it covers 35,000 janitors—and it has been pending for a long time—the complaint was filed in...
View ArticleAhh the CEQA
Heron Bay Homeowners Assoc. v. City of San Leandro, No. A143985 (D1d4 Jan. 12, 2018)A Homeowners’ Association obtained a writ of mandate under CEQA, ordering a City and a Manufacturer to prepare an...
View ArticlePost #800: An Issue of Duty
Klean Hollywood LLC v. Superior Court, No. B283816 (D2d4 Mar. 8, 2018) This isn’t about procedure, but it is my 800th post, and a good life lesson nonetheless:If you are a heroin addict and check into...
View ArticleNot Very Convincing....
Dean v. Friends of Pine Meadow, No. A149735 (D1d4 Mar. 8, 2018)A golf course developer sued an advocacy group that is agitating against one of its projects for defamation and various business...
View ArticleDump Flatley; Learn Park!
Golden Eagle Land Inv. v. Ranch Santa Fe Assoc., No. D069872 (D4d1 Jan. 18, 2018)Some real estate developers on tony part of San Diego County are angry that the homeowners association that controls the...
View ArticleRescission Switcharoo . . . .
Guan v. Hu, No. B276546 (D2d1, on rehearing Feb. 7, 2018)Told you this one was weird. Last year, the Court of Appeal decided this case and reversed a judgment for plaintiff, who failed to prove a...
View ArticlePretrial Detention Statute of Limitations Blues
Austin v. Medicis, No. B277546 (D2d3 Mar. 21, 2018)Code of Civil Procedure § 352.1 provides for tolling of a statute of limitations for up to two years if, at the time the claim accrued, the plaintiff...
View ArticleClear Case of Preference
Fox v. Superior Court, No. A153672 (D1d4 Mar. 21, 2018) Under Code of Civil Procedure § 36(a), a party over 70 years of age is entitled to mandatory trial preference if she has a substantial interest...
View ArticleSupreme Court Confirms that the SLAPP Clock Starts on Each New Claim
Newport Harbor Ventures, LLC v Morris Cerullo World Evangelism, No. S239777 (Cal. Mar. 21, 2018)At the end of 2016, the Court of Appeal held that the 60-day clock to file an anti-SLAPP motion runs from...
View ArticleBad Stats Still Don't Show Predominance
Duran v. U.S. Bank Nat’l Assoc., No A148817 (D1d1 Feb. 9, 2018)This is a post-remand appeal after the Supreme Court’s decision inDuran, which reversed a plaintiff-side judgment in a wage and hour class...
View ArticleIt's the Disloyalty, Not the Litigation
Gaynor v. Bulen, No. D070907 (D4d1 Jan. 23, 2018)This is a probate dispute where some beneficiaries of a trust are suing another beneficiary for breach of fiduciary duty for allegedly improperly...
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