Television and the Public Interest
Musero v. Creative Arts Agency, LLC, No. B305066 (D2d7 Dec. 15, 2021) This is a Desny case where plaintiff, a screen Writer, accuses his former Agent of stealing an idea for a TV show called Main...
View ArticleDVRO Motions Are Not Ancillary in Rent-a-Judge
In re Marriage of Reichental, No. B307255 (D2d6 Dec. 29. 2021)In many parts of California, when a husband and wife are of means, their divorce lawyers often agree to have the dissolution proceedings...
View ArticleSEC Filings Are Protected Activity
Sugarman v. Bennett, No. B307753 (D2d8 Dec. 27, 2021) Sugarman v. Brown, No. B308318 (D2d8 Dec. 27, 2021) Two appeals from the same case decide the same issue: statements made in a corporation’s Form...
View ArticleCoram Vobis
Chaganti v. Superior Court, No. H048373 (D6 Dec. 27, 2021)This one’s unusual. The underlying case is a real estate dispute between a plaintiff/landlord—who is pro se—and a defendant/tenant, which...
View ArticleService, Schmerice
Aquino v. Superior Court, No. A162836 (D1d5 Dec. 23, 2021)This writ case addresses a pretty wacky venue question. Plaintiff was in three traffic accidents in three different counties but claimed not to...
View ArticleJCCP Rule Trumps Trial Preference Statute
Isaak v. Superior Court, No. A163675 (D1d1 Jan. 11, 2022) This case deals with a trial preference motion brought by an elderly plaintiff in a coordinated proceeding under the Judicial Council...
View ArticleWho Pays for an Unused PowerPoint Deck?
Segal v. Asics Am. Corp., No. S263569 (Cal. Jan. 13, 2022)The costs statute—Code of Civil Procedure § 1033.5—generally permits a prevailing party to recover as a cost trial graphics expenses, to the...
View ArticleUse of Texts on Expert Cross
Paige v. Safeway, Inc., No. A159731 (D1d3 Feb. 10, 2022)Plaintiff slipped and fell in a rainy Safeway parking lot. She contends that Safeway and its contractors used the wrong kind of paint on the...
View ArticleState Courts Won't Consider Arb's PI Interim Award
Kirk v. Ratner, No. B309880 (D2d7 Feb. 11, 2022)This is a very dry procedural opinion in a high-profile Hollywood sex scandal litigation.In 2017, an Actress, a Director, and four Execs entered a...
View ArticleCal. Supremes Duck a Tricky Litigation Privilege Question
Olson v. Doe, No. S258498 (Cal. Jan. 13, 2022)Doe and Olson reside in the same condo building. Doe claims that Olson and his cronies in the HOA are sexually harassing and stalking her. Eventually Doe...
View ArticleGettin' Judgy 'Bout Judgments
Sanchez v. Westlake Services, LLC, No. B308435 (D2d7 Jan. 18, 2022)This one is a little weird. Parties settle a CLRA case. The settlement lets Plaintiff apply for costs and fees. The trial court awards...
View ArticleSwords and Shields
People v. Superior Ct. (Jones), No. S255826 (Cal. 2021)This Supreme Court case about work product was decided back in December, but I missed it because it’s a habeas case. The substance of the petition...
View ArticleNo Jury for PAGA
LaFace v. Ralphs Grocery Co., No. B305494 (D2d4 Feb. 18, 2022)The key issue in this case is whether the right to jury trial under Article I, section 16 of the state constitution attaches to an action...
View ArticleWhiskey is for Drinking . . .
Dow v. Lassen Irrigation Co., No. C091965 (D3 Feb. 23, 2022)This is a water dispute over an 80-year old consent decree. Under the decree, an organization called the Watermaster is vested, as an agent...
View ArticleThe Merit and Detriment of Contention RFAs
Papas v. Chang, No. A159792 (D1d2 Mar. 3, 2022)If a party denies a request for admission, but the fact is ultimately proved at trial, the propounding party is generally entitled to an award of...
View ArticleFirst Filing, Cross-Claims, and Labor Code § 925
LGCY Power v. Superior Court, No. F082353 (D5 Mar. 1, 2022) California law is, in general, more friendly to the rights of employees than the laws of some other jurisdictions. This arises from statutory...
View ArticleClik here to view.
Motive and Interest Under EC § 1291
Berroteran v. Superior Court, No. S259522 (Cal. Mar. 7, 2022)This is Supreme Court decision regarding when deposition testimony taken in a different case is admissible at trial the former testimony...
View ArticleHearsay and Police Reports
Doe v. Brightstar Residential, Inc., No. B304084 (D2d8 Mar. 10, 2022) Plaintiff, who is severely mentally disabled, was sexually molested by a handyman at the Facility she lived at. The assailant fled...
View ArticleNot Here. But Guilty.
Mac v. Minassian, No. B309490 (D2d8 Mar. 18, 2022).Plaintiff sued some Defendants over failure to pay debts incurred in opening a restaurant. The parties stipulated to amend the complaint to drop one...
View ArticleDismissed Jones Act Claim Is Still a SLAPP
Curtin Maritime Corp. v. Pacific Dredge & Construction, LLC, No. D078217 (D4d1 Mar. 22, 2022)This is an anti-SLAPP appeal based on a theory that a competitor’s false certification to the Coast...
View Article