Never Mind
People v. Native Wholesale Supply Co., No. C084031 (D3 Jul. 12, 2019)UCL case brought by the AG against a Company run by an Indian tribe for selling a boatload of illegal cigarettes. Bunch of Indian...
View ArticleCodefendant Collateral Estoppel
Thee Aguila, Inc. v. Century Law Group, No. B289452 (D2d1 July 2, 2019)Landlord and Tenant were parties to an eminent domain proceeding brought by the LAUSD. As part of the judgment in that proceeding,...
View ArticleContracts Are Not Communications
Valuerock TN Props., LLC v. PK Larwin Square SC LP, No. 6056634 (D4d3 Jun 28, 2019)This one is pretty easy.There’s a contract—a commercial lease. Tenant wants to assign it. Landlord refuses to agree....
View ArticleGovernment Immunity Is an Affirmative Defense that Must Be Plead
Quigley v. Green Mt. Fire Protection Dist., No. S242250 (Cal. Jul. 15, 2019)The Supreme Court holds that the governmental tort immunities in the Government Claims Act (Gov. Code § 810, et seq.) are...
View ArticleRogue Juror!
Nodal v. Cal-West Rain, Inc., No. B285482 (D2d6 Jul. 17, 2019)Unlike in federal court and most other states, in California the affidavit of a juror is admissible in connection with a new trial motion...
View ArticleDefendants, Discounts, and Damages
Samsky v. State Farm Mut. Auto Ins. Co., No. B293885 (D2d8 Jun. 26, 2019)Interesting question, somewhat procedural. Question is: When a damage award includes damages for future injuries such as lost...
View ArticleWilson Day Has Arrived.
Wilson v. Cable News Network, Inc., No. S239686 (Cal. Jul. 24, 2019) Yesterday was a big day for California Civil Procedure, with the California Supreme Court handing down two decisions of procedural...
View ArticleThe Reporter's Privilege and NDAs
Jenni Rivera Enters. v. Latin World Entm’t Holdings, Inc., No B279739 (D2d7, Jun. 29, 2019)I’m surprised this doesn’t come up more often. Plaintiff is the estate of a Mexican-American singer who died...
View ArticleIls n'avaient pas besoin de dire dépeçage
Chen v. L.A. Truck Cntrs., S240245 (Cal. Jul. 22, 2019)This PI case involving a bus accident. Plaintiff sued, among others, the Indiana-based Manufacturer of the bus and a California-based Dealer. His...
View ArticleRFAs Shift Fees When You Can't Win
Samsky v. State Farm Mut. Auto. Ins. Co., No. B293885 (D2d8 as modified Jul. 23, 2019)If a party denies a request for admission but fails to prevail on the issue at trial, the propounding party is...
View ArticleWho decides who decides?
Hollingsworth v. Superior Court, No. B297658 (D2d4 Jul. 24, 2019)If you get hurt at work, workers’ compensation is generally your exclusive remedy. But there are exceptions, which can take your claim...
View ArticleCollections Default Is Not an Avenue for Collateral Attack
Cnty. of Sonoma v. Gustely, No. A153423 (D1d2 Jun. 24, 2019)County agency assessed penalties against a Landowner for violations of land use ordinances. Landowner didn’t appeal or seek a writ of...
View ArticleDoes the UCL Bootstrap Torts?
Penuma Int’l, Inc. v. Cho, No. A151536 (D1d1 Jun. 24, 2016)A dispute between an Employee and his former Employer. Employee, who had set up Employer’s email domain, failed to turn it over after he left...
View ArticleAlas, Justice for the Tiny Pool Victims!
Noel v. Thrifty Payless, Inc., No. S246490 (Cal. Jul. 29, 2019)This is a pretty silly class action about whether the picture on the box of a pool sold at Rite-Aid is deceptive because it looked bigger...
View ArticleThe Wrong Remedy
Pina v. Cnty of L.A., No. B285630 (D2d4 Aug. 7, 2019)You can’t call expert witnesses at trial if you failed to designate them and offer them up for deposition. There’s one exception that rule. Code of...
View ArticleA Seal Is the Real Deal
Palm Fin. Corp. v. Parallel Media LLC, No. B288017 (D2d8 Aug. 7, 2019) Another solid opinion by Justice Wiley that avoids the formulaic style that sometimes makes Court of Appeal opinions really...
View ArticlePerpetual Removal Won’t Save You
Clipperjet Inc. v. Tyson, No. G055491 (D4d3 Aug. 7, 2019)Generally, removing a case to federal court divests a state court of jurisdiction to do anything, especially to issue substantive orders. That’s...
View ArticleThere Must Be Jurisprudence...
Lacayo v. Catalina Rest. Grp., Inc., No. E069833 (D4d1 Aug. 1, 2019)Not sure why this was published. Two pretty basic points: (1) When a court partially grants and partially denies a motion to compel...
View ArticleStatute Solving Split Is a Clarification, Not a Change
Scott v. City of San Diego, No. D074061 (D4d1 Aug. 1, 2019) While this appeal was pending, the Legislature amended the FEHA’s costs provision to make clear that costs could not be awarded against a...
View ArticleCareful What You Sign For ...
Monster Energy Co. v. Schechter, No. S251392 (Cal. Jul. 11, 2019) About a year ago, the Court of Appeal held in this case that an attorney couldn’t be bound by a confidentiality clause in a settlement...
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