Waiting on Wilson
Rall v. Tribune 365 LLC, No. B284566 (D2d8 Jan. 17, 2019)In 2015, a Cartoonist and blogger for the Los Angeles Times wrote a blog post complaining about the way an LAPD officer treated him during a...
View ArticleEmployee-ish Enough for Armendariz
Ramos v. Superior Court, No. A153390 (D1d1 Nov. 2, 2018)The Court of Appeal holds that regardless of whether a non-equity income partner in a law firm is an employee or a partner for employment...
View ArticleNo Transcript, New Trial
Dogan v. Comanche Hills Apartments, Inc., No. D072328 (D4d1 Jan. 22, 2019) In Jameson v. Desta, the Supreme Court held that indigent litigants with fee waivers have a right to a free court reporter....
View ArticleAn Arbitration Is Not an Official Proceeding Authorized by Law
Zhang v. Jenevein, No. B280047 (D2d7 Jan. 23, 2019)Plaintiff here lost an arbitration where a clandestine recording of his conversation with Defendant was a key piece of evidence. Afterwards he sued...
View ArticleNo Class for You...
Kohler Co. v. Superior Court, No. B288935 (D2d Nov. 11, 2018)This one makes my head hurt. The Right to Repair Act has a chapter devoted to pre-litigation dispute resolution requirements that apply to...
View ArticleGarbage in Garbage out.
Olive v. Gen. Nutrition Cntrs. Inc., No. B279490 (D2d4 Nov. 4, 2018)Plaintiff is a Model, suing a Client under Civil Code § 3344 for violating his right of publicity by allegedly unauthorized use of...
View ArticleNeed Some Facts Here.
Fernandez v. Alexander, No. B283949 (D2d8 Jan. 28, 2109)Medmal case where Plaintiff says her Ortho was negligent by recommending a cast when surgery was called for, which led to some bone callus...
View ArticleDirect Shipment Is Purposeful Availment
Jayone Foods, Inc. v. Aekyung Indus. Co., No. B282674 (D2d7 Jan. 22, 2019)Plaintiffs are the heirs of Decedent, who allegedly died due to exposure to a Korean humidifier cleaning agent. They sued both...
View ArticleEddie Money + Employment Litigation = SLAPP?
Symmonds v. Mahoney, No. B283529 (D2d1 Feb. 1, 2019)Eddie Money fired his Drummer, who has cancer and a bad back. Drummer sued under FEHA, alleging disability and age discrimination. Eddie filed an...
View ArticleNo Rams, No Chargers, But Maybe Intentional Interference
Rand Res., LLC v. City of Carson, No. S235735 (Cal. Feb. 4, 2019) I gave this anti-SLAPP case short shrift when it was decided by the Court of Appeal, thinking that it was a pretty straightforward...
View Article$1m+ Appellate Bond Cost Award Affirmed.
Rostack Inv., Inc. v. Sabella, No. B286069 (D2d8 Feb. 5, 2019)To say enforcement of a money judgment pending appeal, the defendant needs to post an undertaking. Code Civ. Pro. § 917.1(b). (Or if he or...
View ArticleNo Mandatory § 473(b) Relief from Voluntary Dismissal
Jackson v. Kaiser Foundation Hosps., Inc., No. A150833 (D1d3 Feb. 8, 2019)Plaintiff here followed the erroneous advice of an attorney regarding the statute of limitations and dismissed her case without...
View ArticleState Civil Procedure in the Shadow of the Oar of Admiralty
Korman v. Princess Cruise Lines, No. B290681 (D2d4 Feb. 14, 2019) This is kind of interesting. Admiralty law is basically a body of federal common law. So it makes sense that, under 28 U.S.C. § 1333,...
View ArticleThe § 170.6 Clock Can Start Before a Formal Transfer
Sunrise Financial, LLC v. Superior Court, No. D073772 (D4d1 Feb. 7, 2019).Code of Civil Procedure § 170.6(a)(2) requires a peremptory challenge to a judge assigned to a case for all purposes to be...
View ArticleAn Easy SLAPP Call
Richmond Compassionate Care Collective v. 7 Stars Holistic Foundation, Inc., No. A153305 (D1d2 Feb. 21, 2019).We talk a lot about the kinds of activity that fall around the edges of protection under...
View ArticleIskanian Survives Epic
Correia v. NB Baker Elec., Inc., No. D073798 (D4d1 Feb. 25, 2019)The Court of Appeal here affirms a decision severing out a PAGA representative claim as not amenable to arbitration while compelling...
View ArticlePersonal Service Required
Meza v. Portfolio Recovery Assocs. LLC, No. S242799 (Cal. Feb. 15, 2019)This case concerns a procedural issue in limited civil cases. But it arises in a federal debt collection case where the Ninth...
View ArticleCal. Supremes Approve Sworn Hearsay in Anti-SLAPP Step Two
Sweetwater Union Sch. Dist. v. Gilbane Bldg. Co., No. S233526 (Cal. Mar. 1, 2019)Almost three years ago, the 4/1 held that grand jury transcripts and sworn change of plea documents could be considered...
View ArticleStraight-Up Park
Laker v. Bd. of Trustees of the Cal. St. Univ., No. H044836 (D6 Feb. 28, 2019)This SLAPP case is a pretty straight-up application of the Supreme Court’s Park decision. Plaintiff—a Professor at San Jose...
View ArticleClass Action Tolls Only Individual Claims
Fierro v. Landry’s Restaurant, No. D071904A (D4d1, Feb. 15, 2019)When this case was first decided last year, I noted that the opinion seemed sideways with the U.S. Supreme Court’s very recent decision...
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