The Other Lee v. Silveira Is a SLAPP
Lee v. Silveira, No. D068835 (D4d1, Dec. 8, 2016)When I first skimmed the opinion in this case, I thought it was another bad opinion along the lines of Nunez, applying the anti-SLAPP statute to a...
View ArticleThe (e)(4) SLAPP Split Is Coming to a Head.
Wilson v. Cable News Network, No. B264944 (D2d1 Dec. 13, 2016) This case is basically a retread of 2013’s Hunter v. CBS case. There, the Court of Appeal said that committing employment discrimination...
View ArticleClaiming the Mantle of the 13th Juror
Ryan v. Crown Castle NG Networks, Inc., No. H041712 (Dec. 13, 2016)A jury in this case rendered an apparently nonsensical damages verdict that could not be squared with the instructions and the verdict...
View ArticleToo Narrow to Be a Public Issue
Dual Diagnosis Treatment Cntr. v. Buschel, No. G053046 (D3d2 Dec. 20, 2016)The trial court in this case denied an anti-SLAPP motion addressed to libel claims brought against the publisher of a drug...
View ArticleA Differential Clock Under § 425.16(f).
Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism, No. G052660 (D4d3 Dec. 22, 2016)From when does the sixty-day clock to file an anti-SLAPP motion run under Code of Civil Procedure §...
View ArticleNot Status Quo Is Not Status No.
Integrated Dynamic Sols. v. Vitavet Labs, Inc., No. B268311, (D2d2 Dec. 22, 2016) Plaintiff in this case won a preliminary injunction requiring Defendant to specifically perform a contract under which...
View ArticleNo Extra § 170.6 Strike After Interlocutory Reversals
McNair v. Superior Court, No. B275282 (D2d3 Dec. 23, 2016)This case concerns the ability of a party who has already filed on peremptory strike under Code of Civil Procedure § 170.6 to file a new one...
View ArticleFigure Out What You're Asking for Before the Reply Brief
Flores v. Nature’s Best Dist., LLC, No. G052410 (D4d3 Dec. 27, 2016) Plaintiff’s Employer is trying to compel arbitration of her disability discrimination claims. Unfortunately, Employer made pretty...
View ArticleBack from the Brink on the Attorney Client-Privilege
County of L.A. v. Superior Court, No. S226645 (Cal. Dec. 29, 2016)As Joe Biden might say, this 4-3 Supreme Court opinion on the attorney-client privilege is a big f@*king deal. I discussed this case...
View ArticleCC 1717's Prevailing Party Definition Doesn't Apply to Contract Shifting Tort...
Khan v. Shim, No. H041608 (D6 Dec. 29, 2016)Plaintiff in this case voluntarily dismissed his complaint, which alleged both contract and tort causes of action. The parties’ contact included a...
View ArticleIskanian Applies to Threshold PAGA Issues Too.
Hernandez v. Ross Stores, Inc., No. E064026 (D4d2 Jan. 3, 2017)Along the same lines as the recent Tanguilig case, this appeal addresses a motion to compel arbitration over an individual’s PAGA claim....
View ArticleA Jurisdiction-less SLAPP Is Still a SLAPP
Barry v. State Bar, No. S214056 (Cal. Jan. 5, 2017)The Court of Appeal decided this anti-SLAPP case back in the summer of 2013. It was one of the very first cases I blogged about. The court held that a...
View ArticleA Fair Report of Your Own Complaint Is Still a Fair Report
Healthsmart Pac., Inc. v. Kabateck, No. B264300 (D2d1 as modified Jan. 10, 2017)This is an appeal of a granted anti-SLAPP motion arising from allegations that some plaintiff lawyers defamed a hospital...
View ArticleCan't Force a Waiver of the Psychotherapist Privilege by Claiming that an...
N.S. v. Superior Court, No. A148694 (D1d4 Jan. 17, 2017).This dependency case raises an interesting issue about at-issue privilege waivers that people often miss. A party can waive a privilege by...
View ArticleFive-Year Rule Stops on Swearing of Venire
Stueve v. Buchaleter Nemer, No. G052779 (D4d3 Jan. 18, 2017) Absent grounds for tolling, a California case needs to be “brought to trial” within five years of filing. See Code Civ. Proc. §§ 583.310,...
View ArticleQu'est-ce que le dépeçage?
Chen v. L.A. Truck Cntrs., No. B265304 (D2d8 Jan. 18, 2016) Some tourists were killed or injured in a tour bus crash on the way to the Grand Canyon. Plaintiffs sued the Bus Driver, the Tour Company,...
View ArticleMaybe Mandatory, But Definitely Not Jurisdictional.
Kabran v. Sharp Memorial Hospital, No. S227393 (Cal Jan. 19, 2017) The issue is whether Plaintiff’s late filing of declarations in support of a motion for new trial—to which Defendant didn’t object in...
View Article“Somewhere Along the Line, Litigation Must Cease.”
Gillies v. JPMorgan Chase Bank, N.A., No. B272427 (D2d6 Jan. 24, 2107)Plaintiff in this case has successfully used serial litigation to delay foreclosure on his mortgage, which he stopped paying in...
View ArticleDefense Judgment + Contingent Side Payment ≠ Moot
Hensley v. San Diego Elec. Co., No. D070259 (D4d1 Jan. 31, 2017)Plaintiffs in this case lost an in limine motion on whether they could recover emotional distress-related damages on their claims, which...
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Nedlloyd Eats Jury Trial Waiver
Rincon Realty LLC v. CP II Rincon Towers, Inc., No. A138463 (Jan. 31, 2017) In a very large real estate deal involving a luxury building in SF’s rapidly developing Rincon Hill ’hood, the contract picks...
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