Too Close for Combat
Doe v. Yim, No. B299856 (D2d4 Oct. 5, 2020) Eight months after her divorce became final, Mother, an attorney, represents her adult Daughter in an action alleging that her Ex-Husband sexually abused...
View ArticleNo Adverse Inferences
Carroll v. Comm’n on Teacher Credentialing, No. C083250 (D3 Oct. 23, 2020)An employee of a state agency claims she was fired in retaliation for reporting misconduct to statue auditors. As required by...
View ArticleAnti-Slapp Coverage Is Close, But Not the Same, as Civil Code § 47
RGC Gaslamp v. Ehmcke Sheet Metal Co., No. D095615 (D4d1 Oct. 23, 2020)As a step generally predicate to litigation, the recording of a mechanic’s lien constitutes “protected activity” under the...
View ArticlePost-Judgment Procedure for Referees
Yu v. Superior Court, No. B304011 (D2d3 Oct. 27, 2020)The parties here agreed to resolve their dispute before a referee under a general judicial reference authorized by Code of Civil Procedure §...
View ArticleA Theory of Discovery Sanctions
Cornerstone Realty Advisors, LLC v. Summit Healthcare REIT, Inc., No. G057176 (D4d3 Oct. 28, 2020) Plaintiffs in this case refused to turn over some key financial records. Even after the trial court...
View ArticleKurt Weldon Gets 419'ed
Luxury Asset Lending, LLC v. Phila. Tel. Network, Inc., No. G057766 (D4d3 Oct. 29, 2020)This one is a doozy. Two connected Boomers from Philly—one of whom is my parents’ former congressman—get roped...
View ArticleIf You Move and Don't Tell the Court, It's Your Fault if You Don't Get Mail
Kramer v. Traditional Escrow, Inc., No. G058522 (D4d3 Oct. 20, 2020)After Defendants’ lawyer in this wage and hour case quit, they stopped participating in the case. They missed depos, ignored...
View ArticleTolling Statute Violates Dormant Commerce
Arrow Highway Steel, Inc. v. Dubin, No. B303289 (D2d2 Oct. 29, 2020)Plaintiffs here have a super-old judgment that they never bothered to renew under Code of Civil Procedure § 683.110, 683.120. But...
View ArticleThe NRLA Doesn't Make PAGA Claims Arbitrable
Olson v. Lyft, No. A156322 (D1d2 Oct. 29, 2020)In Iskanian v. CLS Transp. L.A., LLC, 59 Cal.4th 348 (2014), the California Supreme Court held that PAGA claims are not arbitrable. Employer here...
View ArticleTenants Are Neccessary Parties in Landlords’ Rent Control Lawsuit
Pinto Lake MHP LLC v. Cnty of Santa Cruz, No. H045747 (D6 Oct. 30, 2020)The Owner of a mobile home park sought administrative permission to raise rents under Santa Cruz County’s mobile home rent...
View ArticleAmerican Pipe Tolling Does Not Require Precognition
Hildebrandt v. Staples the Office Store LLC, No. B294642 (D2d3 Dec. 4, 2020)The trial court granted summary judgment on the statute of limitations in this wage and hour case. Plaintiff argued that two...
View ArticleFont Failure Dooms Arb Clause, for Now
Domestic Linen Supply Co. v. L.J.T. Flowers, Inc., No. B292863 (D2d6 Dec. 4, 2020)The arbitration clause in the parties’ contract in this case was set out in paragraph 15 of the text of the contract....
View ArticleMoney Too.
Kwan Software Eng’g, Inc. v. Hennings, No. H042715 (D6 Dec. 2, 2020)After a years-long record of fraud on the court, false testimony, and spoliation of evidence, the trial court dismissed Plaintiffs...
View ArticleStill One Strike Per Side
Prescription Opioid Cases, No. B302241 (D2d3 Dec. 1, 2020)This case deals with the exercise of peremptory challenges under Code of Civil Procedure § 170.6 in Judicial Council Coordination Proceedings...
View ArticleFrom the Dudes Who Brought You San Diegans for Open Goverment...
Spotlight on Coastal Corruption v. Kinsey, No. D074673 (D4d1 Nov. 24, 2020)This is a private action seeking civil penalties for violations of statutes requiring members of the Coastal Commission to...
View ArticleThe Limits of a Pro Hac
Big Lots Stores, Inc. v. Superior Court, No. D077486 (D4d1 Nov. 20, 2020) Defendants in this employment case are primarily represented by lawyers from an Ohio firm who are admitted pro hac vice. On...
View ArticleHow Many Contempts?
Moore v. Superior Court, No. G058609 (D4d3 Nov. 11, 2020)A trustee’s Attorney in a probate case got hit with a civil contempt judgment for misconduct during a settlement conference. Allegedly, he was...
View ArticleEven Deference to Arbitration Can’t Save a Void Covenant
Brown v. TGS Mgm’t Co., LLC, No. G058323 (D4d3 Nov. 12, 2020)Arbitration rulings are generally subject to subject to very limited review by courts. One such ground is that the “arbitrators exceeded...
View ArticleMaking Sense of Anti-SLAPP Sanctions Procedure
Changsa Metro Grp. Co., Ltd. v. Xufeng, No. E073322 (D4d2 Nov. 3, 2020)A defendant who files a frivolous anti-SLAPP motion is subject to an award of plaintiff’s costs and fees “pursuant to Section...
View ArticleService Clock Runs if Nobody Is Stopping You
California ex rel. Edelweiss Fund, LLC v. JP Morgan Chase & Co., No. A158728 (D1d4 Dec. 22, 2020)Code of Civil Procedure § 583.210 requires the plaintiff to serve a defendant within three years of...
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