Fees in Harmony
Richmond Compassionate Care Collective. v. 7 Stars Holistic Found., No. A154581 (D1d2 Mar. 15, 2019)This is an appeal of an attorney fee award following a partial grant of an anti-SLAPP motion in this...
View ArticleDon't Do This
Martinez v. O’Hara, No. G065950 (D3d3 Feb. 28, 2019)The notice of appeal in this case refereed to the (female) trial judge as a “succubus.” For those without a copy of the Monster Manual on hand,...
View ArticleNo Soul to Damn, No Body to Kick, and No Authority to Hire
Jarvis v. Jarvis, No. H044930 (D6 Mar. 19, 2019)Interesting DQ question. It’s unusual in that it is about a conflict of authority, not a conflict of interest. The case is a limited partnership dispute...
View ArticleTrial Court Must Show Work on Class Cert
Myers v. Raley’s, No. C086236 (D3 Mar. 12, 2019)For reasons that are a little obscure, an appeal of an order denying class cert is not reviewed for its results, but for the validity of the trial...
View ArticleHaguein' It Up in Hong Kong
Whyenlee Indus., Inc., No. A155008 (D1d4 Mar. 22, 2019) Question regarding the validity of Hague Convention service on a company in Hong Kong. Company was served by a process server without prior...
View ArticleThat Just Might Be Unconscionable
Salgado v. Carrows Rests., Inc., No. B285756 (D2d6 Mar. 25, 2019)Appeal of the denial of a motion to compel arbitration. The Court here reverses, finding that the case is within the scope of the...
View ArticleDon't Shortcut CCP § 664.6
Mesa RHF Partners, et al. v. City of L.A., No. B288335 (D2d1 Mar. 29, 2019)Code of Civil Procedure § 664.6 permits parties to stipulate to a court’s entry of judgment on the terms of a...
View ArticleSubpoenaing Third Parties for Docs to Use in a Judgment Debtor Exam
Shrewsbury Mgm’t v. Superior Court, No. H043166 (D6 Mar. 11, 2019)This case, which concerns judgment debtor discovery, is basically the same as the 2017 decision in Yolanda’s, except that it applies to...
View ArticleTis Good to Be a Trucker....
Nieto v. Fresno Beverage Co., No. F074704 (D5 Mar. 22, 2019)Plaintiff is a truck driver bringing wage and hour claims. His employment contract has an arb clause. But since he’s a transportation worker,...
View ArticleJust the Facts, Official Reporter...
Sonoma Media Inv., LLC v. Superior Court, No. A151968 (D1d5 Apr. 8, 2019) A city council Candidate sued the local Newspaper for libel over some articles regarding the way his campaign was funded. The...
View ArticleReply Evidence Can Respond if No New Issues
Savea v. YRC Inc., No. 152379 (D1d3 Apr. 10, 2019) A demurring defendant asked for judicial notice of a document in its reply brief. New evidence on reply is generally not ok. But when it doesn’t raise...
View ArticleForgetting Is Not Juror Misconduct
Stokes v. Muschinske, No. B280116 (D2d8 Apr. 8, 2019)Juror #11 is the CEO of a company. During voir dire, he says doesn’t really want to be on a jury, because he has a big problem with the time...
View ArticleJust Demand a Billion Dollars
Sass v. Cohen, No. B283122 (D2d2 Apr. 4, 2019)Plaintiff brought Marvin and other claims against her ex-paramour, claiming to be entitled to half the value of various items of real and personal property...
View ArticleLand Use Group Gets Costs and Fees for Killing B&B
Friends of Spring Street v. Nevada City, No. C086563 (D3 Apr. 4, 2019)Plaintiffs challenged both a local zoning ordinance and a City’s decision to permit an Applicant to run a B&B in a residential...
View ArticleSay Hello to Indiana
Ryze Claim Solutions LLC v. Superior Court, No. A155842 (D1d3 Apr. 3, 2019)Plaintiff’s employment agreement has a forum selection for various state and federal courts in Indiana, where Employer is...
View ArticleJerk Neighbors Get Comeuppance on BS SLAPP Motion
Workman v. Colichman, No. B285945 (D2d4 Apr. 2, 2019)Justice Collins drops the hammer on a really stupid anti-SLAPP motion and appeal. She affirms the denial of the motion, as well as a grant of fees...
View ArticlePrivilege Claim Is Weak, Like Clock Radio Speakers!
Chen v. Berenjian, G055496 (D4d3 Mar. 28, 2019)In an effort to avoid Creditor’s collections efforts, Judgment Debtor and his Brother engineered a collusive default judgment and then an execution that...
View ArticleInterpretation vs. Reference
Melendez v. S.F. Baseball Assocs. LLC, No. S245607 (Cal. Apr. 25, 2019)A year and a half ago, the Court of Appeal held that the wage and hour claims in this case were preempted by the Labor Management...
View ArticleCCP § 340.6 Applies to Malicious Prosecution Claims Against Attorneys
Connelly v. Bornstein, No. A152375 (D1d5 Mar. 28, 2019)Code of Civil Procedure § 340.6 sets the statute of limitations for “[a]n action against an attorney for a wrongful act or omission, other than...
View ArticleOne Ruling Down...
Cohen v. Kabbalah Centre Int’l, No. B284446 (D2d8 May 7, 2019)I really like this a short and amusingly written opinion by Justice Wiley, recently appointed to the 2/8, mostly affirming a summary...
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