Client Conflicts Confound Counsel on Class Claims
Walker vs. _________, No. D069713 (D4d1 Oct. 28, 2016) Counsel represents plaintiffs in two wage-and-hour class actions against the same Employer. The class in the first case is certified. A non-exempt...
View ArticleGarbage Battle Is a SLAPP.
Indus. Waste & Debris Box. Serv., Inc. v. Murphy, No A142388 (D1d2 Oct. 28, 2016)Defendant is a waste and recycling consultant. On behalf of Client, it wrote a report about recycling rates that was...
View ArticleOk =< 10(Damages + Brandts)
Nickerson v. Stonebridge Life Ins. Co., No. B234271 (D2d3 Nov. 3, 2016)This is our third go-round on this case, having covered the original D2 opinion and the Supreme Court’s partial reversal. The...
View ArticleFor Whom the Cross-Claim Tolls
ZF Micro Devices, Inc. v. TAT Capital Partners, Ltd., No. H040776 (as modified Nov. 30, 2016)This case deals with an interesting issue on the statute of limitations. To what cross-claims does the...
View ArticleRefurber Madness.
Strasner v. Touchstone Wireless Repair & Logistics, LP, No. D068865 (D4d1 Nov. 4, 2016) Plaintiff—a California native living at the time in NYC—returned a cell phone to a T-Mobile store in New...
View Article§ 170.6 Applies to Pre-OSC Habeas
Maas v. Superior Court, No. S225109 (Cal. Nov. 7, 2016) Habeas corpus in California state court is procedurally complicated. But generally speaking, when a writ is first petitioned for in a superior...
View ArticleFun and Games with Interpleaders
S. Cal. Gas Co. v. Flannery, No. B268298 (D2d5, as modified Dec. 13, 2016)This case is an interpleader action that was the subject of a prior appeal affirming the denial of an anti-SLAPP motion. The...
View ArticleSeven Service Options, None Good, Doesn't Cut It Under CCP § 98.
Midland Funding, Inc. v. Romero, No. JAD16-06 (Orange Cnty. Super. App. Div. Sept. 6, 2016)Code of Civil Procedure § 98 permits, under certain conditions, a party in a limited civil case to offer a...
View ArticlePrimary Rights and Reply Separate Statements
Soria v. Univision Radio, L.A., Inc, No B263224 (D2d7 Nov. 15, 2016)The court here reverses a summary judgment in an employment case. The opinion mostly deals with employment law stuff. But there’s two...
View ArticleNo Interlocutory Appeals from WC ALJ Orders
Capital Builders Hardware, Inc. v. Workers' Compensation Appeal Bd., No. B271987 (D2d2 Nov. 16, 2016)The court here holds that interlocutory orders of Worker’s Compensation ALJs aren’t appealable. They...
View ArticleIskanian Applies to Individual PAGA Claims, Too
Tanguilig v. Bloomingdale’s Inc., No. A145283 (D2d5 Nov. 16, 2016)In Iskanian v. CLS Trans. L.A., 59 Cal. 4th 348 (2014), the Supreme Court held that Labor Code Private Attorney General Act claims...
View ArticlePeer Review Does Not Insulate Discrimination Claim
Armin v. Riverside Cmty. Hosp., No.G052125 (D4d3 as modified Dec. 16, 2016)There have been a bunch of cases over the past few years involving the intersection of the anti-SLAPP statute, public...
View ArticleCCP § 473(b) Covers a Default from Failure to Pay Transfer Fees.
Gee v. Greyhound Lines, Inc., No C077077 (D3 as modified December 6, 2016)When Plaintiffs case was transferred from Sacto to Fresno counties on motion of Defendant, she was—possibly erroneously—ordered...
View ArticleSLAPP Ex Nihilo? No.
Med. Marijuana, Inc. v. ProjectCBD.com, No. D068523 (D4d1 as modified Dec. 16, 2016)This case fronts a question that I wrote about three years ago in connection with a post on 2013’s Trapp v. Neimann:...
View ArticleStill Goin' . . .
Lubin v. The Wackenhut Corp., No. B244383 (D2d4 Nov. 21, 2016) This is a really long-pending wage and hour class action. Way back in 2011, while the case was pending trial, the U.S. Supreme Court...
View ArticleSome Evidence Questions in an Asbestos Case
Evans v. Am. Optical Corp., No. B265222 (D2d4 Nov. 22, 2016)Evidentiary issues raised in an appeal after a defense verdict in an asbestos case. First one: Plaintiff alleged asbestos exposure in the...
View ArticleLitgation Privilege Shields Doctor Who Reported Patient to DMV
McNair v. City and County of S.F., No. A138952 (D1d4 Nov. 22, 2106) Doctor examined Patient in connection with an application for SSI. Against Patient’s wishes, Doctor sent a letter to the DMV, warning...
View ArticleRe-Do Provision in Arb Agrement Enforced
Condon v. Daland Nissan, Inc., No. A145613 (D1d1 Nov. 29, 2016) The Parties’ arbitration agreement contains a provision that permits a de novo arbitration before a three-arbitrator panel if a single...
View ArticleWage & Hour Class Goes to Trial
Driscoll v. Granite Rock Co., No. H370662 (D6 Nov. 30, 2016)This is a rare class action (wage & hour) that actually went to trial. Nothing procedural at issue. But a noteworthy event nonetheless.
View ArticleWhat's a Reasonable Rate?
569 E. Cnty. Blvd LLC v. Backcountry Against the Dump, No. D068538 (Dec. 5, 2016)This is on rehearing of from this prior opinion.The lawsuit is a quintessential SLAPP. Developer sued Activist group for...
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