Implausibility Is No Barrier
Marina Pac. Hotel & Suites, LLC v. Fireman’s Fund Ins. Co., No. B316501 (D2d7 Jul. 13, 2022)An insurance dispute over COVID coverage brought by a Hotel. The policy says, basically, that there is...
View ArticleCalling Mr. Wilson...
Golden Gate Land Holdings LLC v. Direct Action Everywhere, A163315 (D1d1 July 13, 2022)As they sometimes do, some animal rights Protesters created a ruckus at a horse racing Track in Berkeley. They...
View ArticleEverything's a RICO!
Siry Investment L.P. v. Farkhondehpour, No. S262081 (Cal. Jul. 21, 2022)This was a contentious case that resulted in a default judgment. The decision of the Court of Appeal addressed a whole bunch of...
View ArticleTwo Quickies on the 22d of July 2022.
Callanan v. Grizzly Designs, LLC, No. C094008 (De Jul. 22, 2022) It’s been pretty clear for 20 years—since City of Cotati v. Cashman, 9 Cal. 4th 69, 80-81 (2002)— that, under the anti-SLAPP statute, a...
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Leenay v. Superior Court, No. E077292 (D4d2 Jul. 22, 2022)A Store is facing a bunch of wage-and-hour litigation across the state. It successfully had a number of cases coordinated through the JCCP...
View ArticleDefensive Non-Appeals
Francis v. City of L.A., No. B301021 (D2d1 Jul. 22, 2022)The City of L.A. won a jury verdict in a retaliation case brought by a forensic criminologist with the LAPD. At the close of Plaintiff’s case...
View ArticlePay Up, Or Back To Court
Gallo v. Wood Ranch, No. B311067 (D2d2 Jul. 25, 2022)The Legislature recently passed a series of statutes—Code of Civil Procedure §§ 1281.97, 1281.98, and 1281.99—that require a business in a consumer...
View ArticleLocal Rule Sanctions
Shiheiber v. JPMorgan Chase Bank, N.A., No. A160188 (D1d2 Jul. 26, 2022)Plaintiff, in violation of a local rule, failed to file her trial docs on time, which caused considerable delay. The trial court,...
View ArticleLocation Still Matters
Rycz v. Superior Court, No. A163741 (D1d5 July 28, 2022) This case arises out of the pretty awful death of a college student who, while incredibly drunk, staggered out onto the 5 freeway near USD,...
View ArticleThe Cops Don't Arbitrate
People v. Maplebear, Inc., No. D079209 (D4d1 Jul. 28, 2022)The San Diego City Attorney sued Instacart under the UCL for misclassifying its Shoppers as independent contractors. Almost all of the...
View ArticleNot So Fast...
Chen v. Valstock Ventures, No. A161885 (D1d4 July 29, 2022). This is a landlord/tenant case where both parties sued each other on both contract and tort theories. The Tenants wona summary adjudication...
View ArticleBar Slip Doesn't Sink Ship
Brawerman v. Loeb & Loeb LLP, No. B305802 (Aug. 3, 2022).Confirmation of an arbitration award in a legal malpractice case. Attorneys at Firm were alleged to have screwed up in papering a VC’s...
View ArticleA Conditional Stipulated Judgment Is Not a "Penalty"
Credit Adjustment Bureau, Inc. v. Imani, No. B316546 (D2d6 Aug. 9, 2022).Defendant in this case agreed to a 10-year lease of a hair salon space. He defaulted after a couple months. After the Landlord...
View ArticleCan't Skip the Lodestar
Frym v. 601 Main Street LLC, No. A163086 (D1d5 Aug. 24, 2022)Tenant brings similar claims against each of Landlord Entity, Landlord Entity’s Owner, and Landlord Entity’s Attorney. Each is separately...
View ArticleApp. Div. Extravaganza
Wong v. Markarian, No. BV033189 (L.A. Super. App. Div. Jul. 29, 2022)Arche v. Scallon, No. BV033632 (L.A. Super. App. Div. Aug. 1, 2022)These are two decisions by the L.A. Superior Appellate Division...
View ArticleFather, the Sleeper Has Awakened!
Golf & Tennis Pro Shop, Inc. v. Superior Court, G060852 (D4d3 Oct. 27, 2022)Nothing awakes a sleeping civpro blogger from a two-month slumber like a writ case on a first-impression discovery...
View ArticleStealth Defaults Aren't Cool
Shapell SoCal Rental Properties, LLC v. Chico’s FAS, Inc., No. G060411N (D4d3, as modified Nov. 15, 2022).Store stopped paying rent due to COVID. After it received a notice to pay or quit, it retained...
View ArticleIt's Only Chinatown...
City of L.A. v. PricewaterhouseCoopers, LLC, No. B310118 (D2d5 Oct. 20, 2022)So the City of L.A.’s Department of Water & Power was overbilling its customers for years. Customers began to sue. The...
View ArticleJudgments and Jurisdiction
WV 23 Jumpstart v. Mynarcik, No. C095046 (D3 Nov. 21, 2022)This is a weird opinion, in that it is deciding collections-related issues in a context where collections―at least collections in...
View ArticleEverything Is Not Art
City of Rocklin v. Legacy Family Adventures-Rocklin, LLC, No. C091172 (D3 Dec. 12, 2021)City sues a Theme Park Developer over their joint venture to build and operate a theme park. TPD brings and...
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