A Default Needs a Number. No Exceptions.
Sass v. Cohen, No. S255262 (Cal. Dec. 24, 2020)Section 580 of the Code of Civil Procedure limits a default judgment to the amount stated in the complaint. A prior Court of Appeal case—Cassel v....
View ArticleThe State Doesn’t Arbitrate
Cal. ex rel. Aetna Health of Cal., Inc. v. Pain Mgm’t Specialist Med. Grp., No. B299025 (D2d6 Dec. 21, 2020)I’ve written probably fifty posts on cases that explain that PAGA claims can’t be compelled...
View ArticleFees on a Contract
Waterwood Enters. v. City of Long Beach, No. B296830 (D2d1 Dec. 18, 2020)Plaintiff in this breach of contract case won $45k in damages. The verdict was roughly of a prior Code of Civil Procedure § 998...
View ArticleThis Was a Terrible Strategy
Malek Media Grp. v. Axqg Corp., No. B. 299743 (D2d3 Dec. 16, 2020)After losing an arbitration about the dissolution of a partnership, Loser did a deep Internet dive on the arbitrator’s background. It...
View ArticleGeneral Application
Garcia v. KND Dev. 52, LLC, No. B301929 (D2d4 Dec. 15, 2020)Son and Mom signed some documents in connection with Dad’s admission to two Hospitals. They contained arbitration clauses. After Dad died,...
View ArticleDiscovery and Privileges
Bd. of Registered Nursing v. Superior Court, No. D077440 (D4d1 Jan. 15, 2021)This is writ taken from some discovery rulings in a big public nuisance litigation that a bunch of DAs brought against some...
View ArticleTrade Secrets Disclosures
Coast Hematology Oncology Assocs. Med. Grp., Inc. v, Long Beach Mem. Med. Cntr., No. B297984 (D2d8 Dec. 15, 2020)Code of Civil Procedure § 2019.210 requires a plaintiff alleging misappropriation of...
View ArticleAlter Egos on the Contract
347 Grp., Inc. v. Philip Hawkins Architect, Inc., No. C091273 (D3 Dec. 7, 2020) Plaintiff sued Company and its Principal for breach of contract. Company defaulted. Plaintiff dropped its contact claim...
View ArticleDoxing an Opponent in Litigation Is Not Immunized by Civil Code § 47(b)
Dziubla v. Piazza, No. D076183 (D4d1 Dec. 29, 2020)A guy who wanted to expand his gun range into some kind of firearms theme park borrowed some money to do so. That deal soured and ended up in...
View ArticleTiming and Fees on Default
Vincent v. Sonkey, No. B293251 (D2d6 Dec. 29, 2020) Plaintiff got a default judgment for $123k. Although the underlying contact had a fee provision, Plaintiff didn’t request fees as part of the...
View ArticleCourt Can't Improvise on SJ Ruling.
Lubke v. Automobile Club of S. Cal., No. B302782 (D2d7 Jan 6, 2021)Plaintiff alleges that the Automobile Club of Southern California was negligent when it failed to send a tow truck he had summoned,...
View ArticleArmendariz Applies to 1099s
Ali v. Daylight Transp., LLC, No. A159104 (D1d2 Dec. 31, 2020)The California Supreme Court’s decision in Armendariz v. Foundation Health Psychcare Services, Inc., 24 Cal.4th 83, 115 (2000), provides...
View ArticleThis Is Not How You Get to Arbitration
Garcia v. Haralambos Bev. Co., No. B296923 (D2d5 Jan 4, 2020) At the time this employment class action filed, Defendant knew that it had a policy requiring employees to sign arbitration agreements, we...
View ArticlePlay that Song Again
Contreras v. Superior Court, No. B307025 (D2d5 Mar. 1, 2021) This case raises the same issue as last year’s Court of Appeal decision in Olabi, and its previous decisions in Perez, and Williams. And it...
View ArticlePost-Judgment Fees Don't Require a Number in the Judgment
Guo v. Moorpark Recovery Svc., LLC, No. A159195 (D1d5 Feb. 8, 2021) When a judgment includes an award of attorneys’ fees under a contractual fee provision, Code of Civil Procedure § 685.040 authorizes...
View ArticleSection 998 Is Not the Only Settlement Show
Alvarez v. Altamont Health Servs. Corp., No. B305155 (D2d8 Mar. 4, 2020)For an offer of judgment under Code of Civil Procedure § 998 to be valid, it must include a “provision that allows the accepting...
View ArticleSome Interesting Ones I Missed.
So a year ago when the world shut down, I briefly thought that the one upside of the whole mess was that I could catch up on some reading, work through my backlog of civil procedure cases to blog on,...
View ArticleWiggle Room in the Rog Rules
Plascencia v. Deese, No. B299142 (D2d6 Jan 20, 2021)A jury in this wrongful death auto case awarded the plaintiff $30 million in non-economic damages apportioned at 40 to the Defendants and 60 percent...
View ArticleStrong Medicine, Short Clock
S.F. CDC LLC v. Webcor Cosntr. LP, No. A156669 (D1d1 Mar. 19, 2021)This is a claim under Business & Professions Code § 7031(b) for disgorgement of more than $100 million compensation paid to an...
View ArticleNot Final
Contreras-Velazquez v. Family Health Cntrs. of San Diego, No.D075577 (D4d1 Mar. 18, 2021)In rendering a verdict that Defendant isn’t liable, Jury in trial #1 makes a bunch of findings. But the trial...
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