What's in a Name?
McHenry v. Asylum Entm't Del., LLC. No. B292457 (D2d2 Mar. 12, 2020)If you, like I, spend a lot of time reading random opinions, you start to rough sense of what a case might be about just from the...
View ArticleEnjoining Arbitrations
Brooks v. Amerihome Mortgage Co., No. B298132 (D2d6 Apr. 8, 2020) As is required by the Labor Code Private Attorney General Act, Plaintiff here gave notice to the Labor and Workforce Development Agency...
View ArticleAlter Ego Gotcha Fails on Appeal
Lopez v. Escamilla, No. B300439 (D2d6 May 4, 2020)Plaintiff got a money judgment against an entity that turns out to have been severely undercapitalized. She wants to add the company’s owner as an...
View ArticleYou Are (Not) (the Government)
Patel v. Chavez, No. B291695 (D2d1 Apr. 30, 2020)Plaintiff brought a federal civil rights claim under 42 U.S.C. § 1983 and a petition for writ of administrative mandate against former employee for...
View ArticleThat’s What Writs Are For
Marez v. Lyft, Inc., No. A156761 (D1d1 Apr. 30, 2020)Most of this opinion concerns whether Lyft can be held liable under respondeat superior when one of its driver was driving a car that he obtained in...
View ArticlePrima Facie Proof of a Negative
Gruber v. Gruber, No. B294617 (D2d2 Apr. 30, 2020)Pretty basic appeal of an order denying an anti-SLAPP motion on a malicious prosecution claim because plaintiff came forward with enough evidence of...
View ArticleParty Can't Appeal Sealing Order
Six4three v. Facebook, Inc., No. A156095 (May 18, 2020)Plaintiff in an anti-SLAPP fight filed a declaration in support of its opposition that included hundreds of exhibits that had been designated as...
View ArticleWrong Expert, No Detail, No Fact Issue.
Lowrey v. Kindred Healthcare Operating, Inc., No. A153421A (D1d4 May 18, 2020)Trial court granted a defense SJ in a wrongful death and medmal case against a nursing home. It found there wasn’t evidence...
View ArticleIntervenors Get Fees
Carlsbad Police Officers Assoc. v. City of Carlsbad, No. D075723 *D4d1 (May 18, 2020)This is a “reverse public records act” lawsuit brought by some cop unions to prevent the disclosure of excessive...
View ArticleWhen You Get There, Remember It's Nev-æd-uh, Not Na-Vah-Duh.
Farina v. SAVWCL III, LLC, No. B294516 (D2d8 Jun. 10, 2020)Back in what we will probably soon start calling the last financial crisis, there was a hard money Lender in pooling Investor money to loan to...
View ArticleThree Years Wait for Fait Accompli
Nelson v. Tucker Ellis, LLP, No. A153661 (D1d3 May 5, 2020)Three years ago, the Court of Appeal determined that an attorney’s work product belongs to the firm, not the attorney. Thus when Firm received...
View ArticleIf You Litigate, You Can't Arbitrate
Fleming Dist. Co. v. Younan, No. A157038 (D1d3 May 15, 2020) An employment contract contains an arbitration clause. But Employee files a wage claim with the Labor Commissioner. Employer claims that the...
View ArticleProperly Certified
Williams v. U.S. Bankcorp. Investments, Inc., No. A156226 (D1d4 Jun. 8, 2020)Plaintiff in this wage and hour class action was an absent member of a class in an earlier class action, wherein a class was...
View ArticleStill Dreaming of a Unified Theory of Equitable Estoppel
Doe v. Marten, No. A153427 (D1d3 Jun. 4, 2020) Almost seven (!) years ago I wrote a post discussing how an overly rigid, elements-based test for equitable estoppel was causing a lot of confusion....
View ArticleTrademarks and Testimony
Hart v. Keenan Props., Inc. No. S253295 (Cal. May 21, 2020)I thought the Court of Appeal opinion on this one was kind of hinky when I wrote on it back in 2018. The Supreme Court granted review, and...
View ArticleSeparate Statement Citation
Wicks v. Antelope Valley Healthcare Dist., No. B297171 (D2d8 Jun. 1, 2020) Appeal of a granted summary judgment in a med-mal case. Defendant put in the declaration of an expert who testified about a...
View ArticleFees, Form, and Substance
MSY Trading Inc. v. Seleen Automotive, Inc. No G057093 (D4d3 Jun 26, 2020) Oversimplifying a little here, but the salient facts basically are: Plaintiffs won a breach of contract claim, which included...
View ArticleWitkin All the Way Down
Barriga v. 99 Cents Only Stores LLC, No. E069288 (D4d3 Jun. 26, 2020)Wage and hour class action brought on behalf of Dollar Store Employees. In opposition to class cert, Store puts in 52 declarations...
View ArticlePlaintiff Forfeits Bad Arguments by Failing to Make them to the Trial Court
Wittenberg v. Bornstein, No. A154994 (D1d3 Jun. 29, 2020)This seems to be a contentious litigation over a partnership breakup. On the verge of trial in a case with numerous claims and cross claims,...
View ArticleNew Trial Blues
Estes v. Eaton Corp., No. A152847 (D1d2 Jun. 29, 2020)Following a defense verdict in an asbestos case, Plaintiff moved for new trial and, in the alternative, judgment notwithstanding the verdict. The...
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