Bait and Switch on Time to Appeal
Meinhardt v. City of Sunnyvale, No. D079451 (D4d1 Mar. 9, 2022)This is a bad decision on what constitutes a judgment in an administrative mandate case. The court says isn’t not the actual judgment...
View ArticleDelegation and Arb Rules
Nelson v. Dual Diagnosis Treatment Center, Inc., No. G059565 (D4d3 Apr. 19, 2022)This is an appeal of the denial of a motion to compel arbitration. The trial court found the agreement to be...
View ArticleApex Depositions in DA Fight
Ross v. Superior Court, No. D079278 (D4d1 Apr. 19, 2022)This is a retaliation case brought by an assistant DA in Riverside who claims that the DA—who we’ll call DA #2, for reasons soon to be...
View ArticleParent Cos. Own Acts Establish Personal Jurisdiction
SK Trading Int’l Co. Ltd. v. Superior Court, A163590 (D1d4 Apr. 12, 2022)Petitioner in this case is a Korean outfit whose California subsidiary is alleged to have engaged in a conspiracy to manipulate...
View ArticleRent-a-Cop
People ex rel City of San Diego v. Experian Data Corp., No. G060360 (D4d3 Apr. 26, 2022)Some Plaintiff lawyers sued a credit rating agency and some related companies in federal court under the Fair...
View ArticleGet thee to (Federal) Court
Wong v. Restoration Robotics, No. A161489 (D1d2 Apr. 28, 2022).In Cyan, Inc. v. Beaver County Employees Retirement Fund, 138 S.Ct. 1061 (2018), the U.S. Supreme Court confirmed that claims brought...
View ArticleLabor Code § 925 Does Not Eat the Internal Affairs Doctrine.
Grove v. Juul Labs, Inc., No. A162276 (D1d3 Apr. 27, 2022) A former employee and current Stockholder sued a Company, simultaneously bringing direct and derivative claims as well as a demand for...
View ArticleThe Last Gasps of Iskanian?
Wing v. Chico Healthcare & Wellness Cntr., No. B310232 (D2d5 Apr. 28, 2022)Leshane v. Tracy VW, Inc., No. C093881 (D3 Apr. 29, 2022) In two cases over two days, the Court of Appeal affirms denials...
View ArticleExclusive Concurrent Jurisdiction Comes for PAGA #2
Shaw v. Superior Court, No. A163263 (D1d4 May 3, 2022)PAGA case #1 is pending in LA. This case, filed in Contra Costa County is PAGA case #2 about the practice by the same employer. After JCCP...
View ArticleEx-Member Lacks Standing to Sue for LLC
Sirott v. Superior Court, No. A164037 (D1d1 May 5, 2020)Under Corporations Code § 800, to have standing to bring a derivative claim, the plaintiff needs to hold an interest in a corporation throughout...
View ArticleTime to Get a New Registered Agent
Bergstrom v. Zion Bancorporation, N.A., No. B309154 (D1d2 May 5, 2022)A judgment Creditor served a writ of execution on the registered agent of a Bank that held some accounts of the judgment debtor....
View ArticleOnly in Calfornia . . .
Almond Alliance of Cal. v. Fish & Game Comm., C093542 (D3 May 31, 2022).Is a bumblebee a “fish.”
View ArticleReasonable Medical Probability
Kline v. Zimmer, Inc., No. B302544 (D2d8 May 26, 2022)This is an ancient medical device case where a plaintiff jury verdict was already reversed on an excessive damages issue. It still not...
View ArticleSteady Targets
Field v. U.S. Bank, N.A., No. B309111 (D2d8 Jun. 9, 2022)In a wrongful foreclosure case, the Bank propounded an interrogatory on Plaintiff, asking whether it was her contention that she did not receive...
View ArticleIskanian Escapes, Only Wounded, and Probably Less Wounded than Justice Alito...
Virgin River Cruises v. Moriana, No. 20-1573 (U.S. Jun. 15, 2022).As I mentioned a few weeks ago, it seemed like the U.S. Supreme Court was poised to nuke the Iskanian rule, which says that PAGA claims...
View ArticleA Hearing Is Not a Trial
K.R. v. Superior Court, No. A164821 (D1d3 Jun. 22, 2022) This is a conservatorship case brought under the Lanterman-Petris-Short Act. Because a conservatorship can entail significant restrictions on...
View ArticleJV-GJ
Daimler Trucks North America LLC v. Superior Court, No. B316199 (D2d5 Jul. 7, 2022)This is basically the state court equivalent of the U.S. Supreme Court’s recent personal jurisdiction decision in Ford...
View ArticleLimits on the Relation Back of Dead Plaitiff's PAGA Claims
Hargrove v. Legacy Healthcare, Inc., No. E76240 (July 1, 2022)This is a PAGA case where the plaintiff died four years into the case. Dead Plaintiff’s lawyers moved to amend and swap in a New Plaintiff,...
View ArticleWage and Hour Double-Dip, the Sequel
Grande v. Eisenhower Med. Ctr., No. S261247 (Cal. Jun. 30, 2022)Nurse works for a Temp Service, which placed her in a Hospital. She brought a class action against the Temp Service for employment stuff...
View ArticleMore Talk About Ford
LG Chem, Ltd. v. Superior Court, No. D079718 (D4d1 Jun. 27, 2022)Plaintiff was injured when a lithium-ion battery called an “18650” that he bought from a San Diego vape shop blew up in his pocket. He...
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