Nurse Class Needed Better Glue
Lampe v. Queen of the Valley Med. Cntr., No. A146588 (D1d4 Jan 23, 2018)Duran seems to be all the rage lately.This is another wage and hour class action where Plaintiff failed to establish a uniform...
View ArticleA Post-Answer Motion to Change Venue Can Still Be Timely
Walt Disney Parks & Resorts, U.S., Inc. v. Superior Court, No. B284261 (D2d7 Mar. 26, 2018)Plaintiffs sued the Mouse for some ticketing practices at Disneyland. But they sued in LA, not OC. So...
View ArticleMass Joinder Requires Real Joinder
Brown v. Superior Court, No. F073964 (D5 Jan. 30, 2018)This is a sketchy looking mass joinder case attacking home mortgage trust and servicing practices. It appears that some religious-sounding outfit...
View ArticleIt Will Never Be Satisfied...
Tikosky v. Yehuda, No. B278052 (D2d1 Jan. 30, 2018)This collections opinion is only 14 pages long, but like any collections story worth its salt, it has so many twists and turns that it’s pretty hard...
View ArticleAppellate Switcharoo OK when a Demurrer Is the Question
Gutierrez v. Carmax Auto Superstores Cal., No. F073215 (D5 Jan. 30, 2018)The trial court granted a demurrer in a UCL and CLRA claim about used car warranties. In claiming that a warranty claim was...
View ArticleThat Was Always the Intent; Just Don't Ask the Guys in San Diego...
Nutrition Distrib., LLC v. Southern Sarms, Inc., B0280983 (D2d7 Jan. 31, 2018)So about two years ago, the 4/1 held that when moving for sanctions under Code of Civil Procedure § 128.5—which had been...
View ArticleSome Stuff About Arbitration Awards
EHM Prods., Inc. v. Starline Tours of Hollywood, Inc., No. B281594 (Mar. 28, 2018)This short opinion about arbitration awards seems pretty straightforward. But when you scratch the surface there’s a...
View ArticleNew Trial Motion Can't Save Unripe Claim from SLAPP Motion
Aron v. WIB Holdings, No. B271271 (D2d2 Mar. 28, 2108)Plaintiff in this case won an unlawful detainer trial against his Landlord. While that was on appeal, he sued Landlord for damages under a Santa...
View ArticlePlaintiffs' Joint § 998 Offer Holds Up
Gonzalez v. Lew, No. B271312 (D2d3 Mar. 1, 2018) This is a wrongful death case arising out of a house fire where two people were killed. Plaintiffs made a joint, undifferentiated offer of judgment...
View ArticleNine Years’ Litigation, Nobody Prevails
Marina Pac. Partners Homeowners Assoc. v. S. Cal. Fin. Corp., No. B276719 (D2d8 Feb. 5, 2018) Civil Code § 1717 permits a prevailing party to a contract with an attorney fee provision to recover its...
View ArticleCan't Give a Half-Consent to Arbitrate.
Douglas v. Serenivision, Inc., No. B277574 (D2d2 Feb. 8, 2018)The law’s pretty clear that unless a contract spells it out clearly otherwise, a court, not the arbitrator, determines the gateway issue of...
View ArticleSue the City, Not Its Employees
Area 51 Prods. v. City of Alameda, No. A144654 (D1d4, on rehearing Feb. 20, 2018) This opinion takes to heart the key lesson of the Supreme Court’s decision in City of Montebello v. Vasquez, 1 Cal....
View ArticleVexer Can't Get Out of Vex Decl. by Using Classic Vex Move
Pittman v. Beck Park Apts. Ltd., No. B266654 (D2d7 Feb. 27, 2018)Plaintiff was declared a vexatious litigant back in 2010. He’s been trying to get out from under that order ever since. His main...
View ArticleParty-Appointed Appraiser Is Still an Arbitrator
Khorsand v. Liberty Mutual Ins. Co., No. B280273 (D2d4 Feb. 27, 2018)Evidence Code § 703.5 strictly limits the admissibility of testimony from judges, referees, arbitrators, and mediators. There are...
View ArticleHagueness
Inversiones Papaluchi v. Superior Court, No. B285092 (D2d5 Feb. 27, 2018)For some random reason, cases arising from helicopters crashes in South America seem to loom large in the jurisprudence of...
View ArticleEvidence of Inconclusivess Meets SJ Burden
Leyva v. Garcia, No. F073398 (D5 Feb. 28, 2018)The Court here affirms a grant of summary judgment in favor of defendant, an apartment owner, in a negligence case brought by tenants injured in a fire....
View ArticleA Lawsuit over a Lawsuit Meets the Bar of § 47(b)
Herterich v. Peltner, No. A147554 (D1d2, as modified Mar. 28, 2018) Plaintiff, a disinherited Son in a probate dispute, sued Executor and his Attorney for making various statements alleged to be false...
View ArticleEject!!!
Shapria v. Lifetech Res., No. B283445 (D2d4 Apr. 17, 2018)At trial, prior to making his closing argument, Plaintiff, sensing he was going down, tried to dismiss his case with prejudice under Code of...
View ArticleNinety Days of Tolling
Selvidge v. Tang, No. C083427 (D3 Mar. 5, 2018)Under Code of Civil Procedure § 340.5, the statute of limitations for med-mal is one year or three years after discovery of the injury. The patient in...
View ArticleA Trade Association Is Not an Official Proceeding
Kettler v. Gould, No. B282160 (D2d8 Apr. 20, 2018) Some Heirs are upset with the Trustee who manages their late parents’ trust, to which Heirs are beneficiaries. Heirs complained about Trustee’s...
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