Formally Deficient ≠ Factually Devoid
Bayramoglu v. Nationstar Mortgage LLC, No. C084299 (D3 Jul. 1, 2020)Almost 20 years ago, in Aguilar v. Atlantic Richfield Co., the California Supreme Court aligned state summary judgment procedure with...
View ArticleNo More Third Party Discovery in Arbitrations
Aixtron, Inc. v. Veeco Inst. Inc., H045126 (D6 Jul. 16, 2020)Clarifying an issue that has long been unsettled, the Court of Appeal holds that, except under narrow circumstances, arbitrators are not...
View ArticleScriven Away
Altizer v. Highsmith, No. A157921 (D1d2 Jul 16, 2020)In California, a judgement lasts for ten years, but it can be renewed. The renewals are summary. You just file a form with the clerk before the ten...
View ArticleLaw Clerk, Fire Up that Malaysian Westlaw!
Kong-Beng Saw v. Avago Techs. Ltd., No. A153824 (D1d1 Jul. 10, 2020)This is a contract interpretation case that doesn’t have much to do with procedure. But the Court of Appeal decides that Singapore...
View ArticleThis Is Your Random Law History Tip of the Day
Newsom v. Superior Court, No. C092070 (D3 Jan. 10, 2020)Some yahoo members of the State Assembly want to enjoin an executive order from Governor Newsom regarding mail-in balloting for November’s...
View ArticleJCCP Coordination Submission Tolls Three- and Five-Year Rules
Fid. Nat’l Home Warranty Co. Cases, No. D074161 (D4d1 Mar. 20, 2020)This is an appeal of a pair of cases that were dismissed under the five- and three-year rules in Code of Civil Procedure §§ 583.310...
View ArticleArbitration Appeal Smorgasbord
Kec. v. Superior Court, No. G058119 (D4d3 Jul. 9, 2020) Martinez v. BaronHR, Inc., No B296858 (D2d4 Jul 8, 2020)Lonky v. Patel, No. B295314 (D2d2 Jul. 2, 2020)Collie v. The Icee Co., No. E071654 (D4d2...
View ArticleAttorneys’ Fees: Setting Precent Creates a Significant Benefit
Doe v. Regents of the Univ. of Cal., No. B293153 (D2d6 Jun. 29, 2020) A UCSB Student who appears to have been shabbily treated in the Title IX disciplinary process. In administrative mandamus...
View ArticleWelcome to Class Arbitration
Garner v. Inter-State Oil Co., No. C088374 (D3 Jul. 23, 2020) Employee’s contact has an arb clause in it that requires him to take any and all disputes, including class actions, to arbitration. Then...
View ArticleAnother Bite at the Apple
Eghtesad v. State Farm Gen. Ins. Co., No. A147481 (D1d2 Jun. 29, 2020)Plaintiff here filed a form complaint against an insurance company. The factual allegations, which included claims for breach of...
View ArticleIt Is Very Hard to Waive the Right to Jury Trial
Chen v. Lin, No. JAD19-10 (L.A. Super. App. Div. Nov. 14, 2019) This is a UD case where the Tenant (a pro se) demanded a jury trial. But she failed to comply with some of the procedures in the court’s...
View ArticleCan’t Split a PAGA Claim
Olabi v. Neutron Holdings, Inc., No. A156990 (D1d5 Jun. 19, 2020).Plaintiff sued erstwhile employer for PAGA and under the UCL. Both claims are based on misclassification as an independent contractor....
View Article$29k Is a Lot of Rent for 15 Minutes
Graylee v. Castro, No. G057901 (D4d3 Aug. 4, 2020) To settle an unlawful detainer case, Landlord and Tenants stipulated on the record that Landlord was entitled to a $28,970 judgment, but it could only...
View ArticleThe LWDA Doesn't Delegate Squat
Bautista v. Fantasy Activewear, Inc., No. B297070 (D2d1 Jul. 24, 2020)Another case involving PAGA and arbitration. The clause has a PAGA representative action waiver and a delegation of arbitrability...
View ArticleThe Standard of Review Incorporates the Burden of Proof.
Conservatorship of O.B., No. S254938 (Cal. Jul. 20, 2020)Factual findings get appealed for a sufficiency of the evidence under substantial evidence standard of review. That standard asks whether,...
View ArticleEstoppel Follows the Underlying Merits
Alston v. Dawe, No. G057157 (D4d3 Jul. 27, 2020)This is an appeal of a granted anti-SLAPP motion in a malicious prosecution case. It’s a bit of a Russian doll surrounding the issue of the merits prong...
View ArticleGrounds vs. Reasons
King v. U.S. Bank, N.A., No. C085276 (D3 Jul. 28, 2020)Plaintiff, an employee of a Bank, won a $24.4 million jury verdict in a wrongful termination and defamation action based on the Bank’s having...
View ArticleDid the Stay Affect Service?
Steciw v. Petra Geosciences, Inc., No. G057375 (D4d3 Jul. 29, 2020)Defendant here was originally sued as a doe. Almost three years into the case, Plaintiff discovered Defendant’s identity. Plaintiff...
View ArticleLet's Talk Standing
People for the Ethical Operation of Prosecutors and Law Enforcement v. Spitzer, No. G057546 (D4d3 Aug. 12, 2020)Plaintiffs here bring a taxpayer action under Code of Civil Procedure § 526a and a writ...
View ArticleBring on the Stream of Commerce
Bolger v. Amazon.com, No. D075738 (D4d1 Aug. 13, 2020)This isn’t really civil procedure, but seems like it’s gonna be a big deal. The 4/1 here holds that Amazon.com can be liable in strict products...
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