City SLAPPs Cop for Suing Against Disclosure
Collondrez v. City of Rio Vista, No. A159246 (D1d3 Mar. 16. 2021)Cop sued a City to challenge the release of a report related to a disciplinary action under the Public Records Act. Cop claims the City...
View ArticleGoing to California
Yue v. Yang, No. A159145 (D1d5 Mar. 25, 2021) A Canadian made a bunch of highly inflammatory posts against a California resident on Chinese language Internet bulletin boards that were themselves...
View ArticleToo Late to Vacate
Bacall v. Shumway, No. B32787 (D2d8 Mar. 16, 2021)An arbitrator partially cancelled a contract after finding that some of the services provided under it included the unlicensed practice of law because...
View ArticlePaying $50k Is Not a Favorable Termination
Citizens of Humanity v. Ramirez, No. B299469 (D2d5 Apr. 19, 2021)Employer settled a wage and hour case with employee, on an individual basis, for $50k. Then it sued her and her lawyer for malicious...
View ArticleSevered Truckers
Betancourt v. Transp. Brokerage Specialists, Inc., No. A159528 (D1d3 Mar. 28, 2021)As we’ve previously discussed, the Federal Arbitration Act does not apply to truck drivers who are “engaged in foreign...
View ArticleQuashing Service in Unlawful Detainer
Stancil v. Superior Court, No. S253783 (Cal. May 3, 2021)Unlawful detainers—eviction proceedings—are among the most common civil litigations in California state courts. More than 150,000 of them get...
View ArticleCan’t Sandbag on an Arb DQ.
Alper v. Rotella, No. G058088 (D4d3 May 5, 2021)Under Code of Civil Procedure § 1281.91, an arbitrator is required to disqualify him or herself, “upon the demand of any party,” if a ground for DQing a...
View ArticleKibbitz Costs Kaiser Arb Award
Grabowski v. Kaiser Found. Health Plan, Inc., No. D076968 (May 10, 2021)Plaintiff lost a medmal arbitration, in which she was pro se. During a break, while she wasn’t present, the arbitrator and...
View ArticleNot Dead Yet...
So, we've been on a bit of a hiatus. It has, of course, been a pretty weird year. After six years of continuous publication, time seems to have gotten away from us over the last three months. But we’re...
View ArticleBring on the Shadow Docket
Daly v. San Bernardino Cnty. Bd. of Supers., No. S260209 (Cal. Aug. 9, 2021)If you been following the debateover the SCOTUS shadow docket over the past couple years, you might know that, in federal...
View ArticleA Firm Line in the Peer Review Sand
Bonni v. St. Joseph Health Sys., No. S244148 (Cal. Jul. 29, 2021)There has been alotoflitigationover the application of the anti-SLAPP statute employment litigation touching on hospital peer review...
View ArticleDo Not Settle. Do Not Collect a Contingency Fee. Go Straight to the State Bar.
Amjadi v. Brown, No. G059069 (D4d3 Aug. 30, 2021)Sometimes clients won’t settle when their lawyers think they should. No matter how much you explain to them that it’s a good deal, that it’s better than...
View ArticleI Have Never Seen Your Client. And I'm Not a Florist.
Forest Law Memorial-Park Assoc. v. Superior Court, No. E076549 (D4d2 Oct. 7, 2021).This one is kind of interesting. It’s a PI case where the main issue is respondeat superior. An Employee of the...
View ArticleNot that Special
Moreci v. Scaffold Solutions, Inc., No. A161193 (D1d2 Oct. 18, 2021)A Plumber was injured when he fell from a construction scaffold. He sued ScaffCo. They settled. Under the terms of the settlement...
View ArticleBurdens and Standards on Administrative Writs
Li. v. Superior Court, No. C092584 (D3 Sept. 30, 2021) Last year, in Conservatorship of O.B., the California Supreme Court cleared up some confusion regarding the way an underlying burden of proof...
View ArticleThe Epistemology of Expertise
Strobel v. Johnson & Johnson, No. A159609 (D1d4 Oct. 21, 2021). Since I became a lawyer, there have been two things I have always gone out of my way to avoid having any understanding of—ERISA and...
View ArticleWell, I Read Some Documents Once
Chambers v. Crown Asset Mgm’t, LLC, D0079074 (D4d1 Nov. 12, 2021)This is an appeal of a denial of a motion to compel arbitration in a dispute between a Consumer and a credit card Provider. Provider...
View ArticleHusbands, Wives, and Reverse Outside Piercing
Blizzard Energy, Inc. v. Schaefers, No. B305774 (D2d6 Nov. 18, 2021)Husband got hit with a $3.825 million fraud judgment in Kansas. The creditor domesticated the judgment in California. Then, while...
View ArticleJurisdictional Mumbo Jumbo
Drink Tank Ventures LLC v. Real Soda in Real Bottles, Ltd., No. B298881 (D2d2 Nov. 11, 2021)A and B are parties to a merger diligence NDA that does not result in a transaction. Later, A and B are...
View ArticleFoundation!
Gamboa v. N.E. Cmty. Clinic, No. B304833 (D2d7 Nov. 30, 2021)This is an appeal of the denial of a motion to compel arbitration. But it is really about a basic point of evidence.A party seeking to...
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