A Flawed Simulacarum of a Real Estate Case
Mack v. All Cntys. Trustee Serv., Inc., No. B280650 (D2d1 Aug. 30, 2018). This is one of litigations that starts with a real estate dispute, and then metastasizes into a seemingly endless series of...
View ArticleHe Who Represents Everyone, Represents No One.
Bridgepoint Constr. Svcs., Inc. v. Newton, No. B283239 (D2d6 Sept. 4, 2018)This is some kind of a construction finance dispute between two companies and their various principals. It’s all one big fight...
View ArticleDoctor’s Doctor’s Doctor Doctors Doctor’s Doctor’s Doctored Doctor’s Doctor.
Padda v. Superior Court, No. E070522 (D4d2 Jul. 6, 2018) This short opinion granting a writ requiring a trial continuance is a little hard to follow. Mostly because everyone’s a doctor. It’s an...
View ArticlePaging Dr. F....
Belfiore-Braman v. Rotenberg, No. D072015 (D4d1 Jul. 13, 2018)The Doctors keep a-coming. Plaintiff is a patient. Defendant, Dr. D., is a doctor who allegedly messed up her sciatic nerve during a hip...
View ArticleThe Pure vs. the Expedient: Dashes and Word Counts
One thing that has always annoyed me about The Bluebook is that it permits numbers in a page range to be separated by either an en-dash or a hyphen. See The Bluebook: A Uniform System of Citation R....
View ArticleBig Mess on Due Process and CDA
Hassell v. Bird, No. S235968 (Cal. July 2, 2018)Like me, the California Supreme Court found this 2016 opinion problematic. It granted review and now issues one of the more fractured opinions I've seen...
View ArticleDefamation? In Family Court?
L.G. v. M.B., No. B284742 (D2d2 Jul. 13, 2018)Former Nanny is suing Wife for allegedly defamatory statements Wife made about Nanny in a declaration Wife filed in support of a domestic violence...
View ArticleA Day Late and a Memo of Points of Authorities Short
Weinstein v. Blumberg, No. B282267 (D2d1 Jul. 17, 2018)Unlike in federal court and many other jurisdictions, the Civil Discovery Act sets strict time limits for parties to move to compel further...
View ArticleYou Sue Me. I Sue You.
Moss Bros. Toy, Inc. v. Ruiz, No. E057240 (D4d2 Sept. 20, 2018)An employer sued one of its former employees for bringing two employment related lawsuits instead of resolving the disputes in...
View Article"I Don't Believe You" Is Not Evidence
Ayon v. Esquire Deposition Solutions, LLC, No. G054578 (D4d3 Sept. 21, 2018)Defendant’s employee ran over plaintiff while talking on the phone with another employee. Whether defendant can be liable...
View ArticleAlpine Esoterica
Willhide-Michiulis v. Mammoth Mountain Ski Area, LLC, No. C082306 (D3 Jul. 18, 2018) Plaintiff in this case suffered some pretty gruesome injuries when she skied into a snow-grooming tiller being...
View ArticlePost # 900: Coincidence, or Hive Mind?
Martane v. Heavenly Valley Ltd. P’Ship, No. C076998 (D3 Sept. 26, 2018) Sometimes it fees like there’s a kind of Jungian collective unconscious in published Court of Appeal decisions. A random, obscure...
View ArticleVicarious Conflicts
Fluidmaster, Inc. v. Fireman’s Fund Ins. Co., No. G055469 (D4d3 Jul. 24, 2018) Firm’s OC office is defending Insurance Carrier in some coverage litigation. Attorney A worked on the other side of case...
View ArticleBees!!!!!
Staats v. Vintner’s Golf Club, LLC, No. A147928 (D1d1 Aug. 1, 2018) Not procedure, but the Court here holds that a golf course has a duty to take reasonable measures protect its patrons from swarms of...
View ArticleLivermore Lab Retirees Class Can Proceed Against UC on Liability Issues
Moen v. Regents of the Univ. of Cal., No. A153386 (D1d5 Aug 1, 2018)A class action against the UC brought by some Retirees at the Lawrence Livermore lab. Retirees claim that the UC system either...
View ArticleOh Yeah, Those Other Four Cases ....
Honeycutt v. JPMorgan Chase Bank, No. B281982 (D2d7 Aug. 2, 2018) Potential arbitrators are required to make disclosures of potential conflicts. Many of the arbitration service providers accomplish...
View ArticleTall Trees + Unlicensed Gardener = Homeower Liability
Jones v. Sorenson, No. C084870 (D3 Aug. 2, 2018)As a homeowner, this case scares the crap out of me. Homeowner hired a gardener to trim some trees. Gardener then hired plaintiff as a helper. Plaintiff...
View Article§ 47(b) Displaced by Retaliatory Eviction Statute
Winslett v. 1181 27th Ave., LLC, No. A146932 (D1d4 Aug. 15, 2018)Tenant sued Landlord for, among other things, retaliation, retaliatory eviction, and for violating an Oakland eviction-control...
View ArticleA Partial Final Arb Award Is Not Really Final
Maplebear v. Busick, No. A151677 (D1d2 Aug. 21, 2018)California state courts generally only have jurisdiction to vacate or confirm arbitration awards when they are final. Under Code of Civil Procedure...
View ArticleHarley Dealer Can't Ride Free (With or Without Being Hassled by the Man) on...
Fuentes v. TMCSF, Inc., No. E066242 (Aug. 23, 2018)Plaintiff bought a Harley. He brought a CLRA/UCL/FAL class action against the Dealer for various misrepresentations in its sales practices. His sales...
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