Blown Demurrer Opp. Counts as a "Dismissal" for Mandatory § 473(b) Relief
Pagnini v. Union Bank, N.A., No. A151390 (D1d5 Oct. 17, 2018)Plaintiff’s attorney tried to file an amended complaint as a response to a demurrer. But the attorney didn’t know that Code of Civil...
View ArticleTolling Accrues to the Diligent
Martinez v. Landry’s Restaurants, No. B278513 (D2d7 Aug. 28, 2018)This wage and hour class action, filed in 2007, got dismissed under the five-year rule in Code of Civil Procedure § 583.310. Plaintiffs...
View ArticleMore a Question of Who than How Much...
Sandoval v. Qualcomm, Inc., No. D070431 (D4d1 Oct. 19, 2018)This is an appeal and cross appeal of post-judgment motions in a multi-defendant personal injury case. The trial court denied a JNOV, but...
View ArticleInformed Consent Is Cruicial to a Conflicts Waiver
Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Co., Inc., No. S232946 (Cal. Aug. 30, 2018)Back in 2016, the Court of Appeal vacated an arbitration award in an attorney fee...
View ArticleNot a Well-Advised Strategy
Takhar v. People ex rel. Feather River AQMD, No. C082021 (D3 Sept. 11, 2018)If you respond to an enforcement action brought by your regulator by bringing a counterclaim under Code of Civil Procedure §...
View ArticleThe State Has No Home Court
Gamestop v. Superior Court, No. E068701 (D4d2 Aug. 22, 2018)The Riverside and Shasta County DAs sued a secondhand video game Store in Riverside Superior Court for violating the Unfair Competition Law....
View Article"Not Formally Citing" Uncitable Cases
Hart v. Clear Recon Corp., No. B283221 (D2d8 Sept. 18, 2018)A provision in a mortgage deed of trust lets the Lender take certain actions to protect its security interest in the property. They include,...
View ArticleYou Need Some Other Court to Abstain to.
Findleton v. Coyote Valley Band of Pomo Indians, No. A145444 (D1d2 as modified, Sept. 26, 2018).In a prior appeal in this case, the First District held that an Indian tribe had waived its sovereign...
View ArticleSLAPP Away in Limited Civil
1150 Laurel Owners Assoc. Inc. v. Superior Court, No. B288091 (D2d3 Nov. 7, 2018)Defendant in this limited civil case alleging a breach of a settlement agreement responded to the complaint with an...
View ArticleFees. Tribes. Arbitration.
Findleton v. Coyote Valley Band of Pomo Indians, No. A145444 (D1d2 as modified, Sept. 26, 2018).In a prior appeal in this case, the First District held that an Indian tribe had waived its sovereign...
View ArticleFYI: A Pot-Dealing Child Sex Offender Is Not an Ideal Class Rep.
Payton v. CSI Elec. Contractors, Inc., No. B284065 (D2d2 Sept. 28, 2018) The trial court in this wage-and-hour case denied class cert because: (1) individual questions predominated regarding whether...
View ArticleRes Judicata in Ronhert Park
Atwell v. City of Rohnert Park, No. A151896 (D1d1 Sept. 26, 2018)The Sierra Club sued to stop the construction of a Wal-Mart in Rohnert Park because of something CEQA and alleged violations of zoning...
View ArticleK and Stuff Testimony Flummoxes Hearsay Ruling
Hart v. Keenan Props., Inc., No. A152692 (D1d5 Nov. 19, 2018)The trial in this asbestos case presented a classic product ID question: Was the Defendant the distributor of asbestos-containing pipe...
View ArticleHollywood Accounting Runs Out the Clock
Warner Bros. Entm’t Inc. v. Superior Court, No. B289109 (D2d8 Nov. 20, 2018)Actors and other talent sometimes get an interest in the “profits” to movies and TV shows. Unless you've got huge juice,...
View ArticleThe Macaluso/Fox Johns Paradox: Five Years Later
Fin. Holding Co., LLC v. The Am. Inst. of Certified Tax Coaches, No. D072910 (D4d1 Nov. 29, 2018).Creditor sought judgment collections discovery against Debtor’s Employer, asking for a broad swathe of...
View ArticleIntervene, Object, Opt-Out
Edwards v. Heartland Payment Sys., Inc., No. B284000 (D2d8 Nov. 30, 2018)There are three overlapping wage and hour class actions against the same employer: Case #1, Case #2, and Case #3. Cases ## 1 and...
View ArticleService by Laguna News-Post Isn't Gonna Cut It
Calvert v. al Binali, No. B282984 (D2d8 Dec. 4, 2018)A Plastic Surgeon thinks a former Patient anonymously defamed him on the Internet. He’s really not sure. But that doesn't stop him from suing...
View ArticleTaking an Appeal of Third Parrty Arbitration Discovery
Uber Techs., LLC v. Google, Inc., No. A153653 (D1d3 Oct. 10, 2018)The California Arbitration Act permits arbitrators and arbitral bodies to issue subpoenas. See Code Civ. Proc. § 1282.6. But a...
View ArticleSanctions Switcharoo in San Diego
CPF Vaseo Assocs., LLC v. Gray, No. D072909 (D4d1 Dec. 6, 2018)There was a period of time where there was a spit of authority about whether Code of Civil Procedure § 128.5 required a party moving for...
View ArticleShady, Shady, the Sequel
Lofton v. Wells Fargo Home Mortgage, No. A146282 (D1d3 Sept. 28, 2018)Four years ago, the First District upheld a preliminary injunction against a Law Firm, preventing it from using a shady settlement...
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