To do the best job possible as a mediator, arbitrator and referee, I review and summarize every new published California civil case. In this blog post, I discuss a new civil case that was published last month. 

Are There Limits on a Trial Court's Ability to Correct an Arbitration Award?

Arbitration awards are generally not subject to appeal, but they can be corrected by the trial court. Are there limits on the trial court's ability to correct an arbitration award? Last month, the Fourth District Court of Appeal published a new decision addressing this issue. To find out what they decided, watch the video and read my case summary below.

New CA Arbitration Decision  

E-Commerce Lighting, Inc. v. E-Commerce Trade LLC (2022) _ Cal.App.5th _ , 2022 WL 17547124:[1] The Court of Appeal reversed the trial court’s order denying plaintiff’s motion to confirm an arbitration award, and granting defendant’s petition (supported by...

To do the best job possible as a mediator, arbitrator and referee, I review and summarize every new published California civil case. In this blog post, I discuss a new civil case that was published last month. 

Frivolous anti-SLAPP Motions to Strike

Can a defendant who filed a frivolous anti-SLAPP motion to strike be ordered to pay attorney fees? Last month, the Third District Court of Appeal published a decision addressing this issue. To find out what they decided, watch the video above and read my summary of the case below. 

New CA Anti-SLAPP Decision  

City of Rocklin v. Legacy Family Adventures etc. (2022) _ Cal.App.5th _ , 2022 WL 17827565: The Court of Appeal affirmed the trial court’s order denying defendants’ anti-SLAPP motion to strike (Code of Civil Procedure, section 425. 16) and it’s order awarding plaintiff attorney fees of $72,798.65 and costs of $1,053.31 because the anti-SLAPP motion was frivolous. The...

To do the best job possible as a mediator, arbitrator and referee, I review and summarize every new published California civil case. In this blog post, I discuss a new civil case that was published last month. 

Property Owner Rights Regarding Short-Term Rentals

Does a property owner have a vested right to offer short-term rentals when a city changes its short-term rental policies? Last month, the Sixth District Court of Appeal published a decision addressing this issue. To find out what they decided, watch the video above and read my summary of the case below. 

New CA Real Property Decision  

Hobbs v. City of Pacific Grove (2022) _ Cal.App.5th _, 2022 WL 16921175: The Court of Appeal affirmed the trial court’s order denying plaintiffs’ motion for summary judgment as to their second claim alleging that defendant city’s Ordinance No. 18-005 violated plaintiffs’ right to due process by arbitrarily limiting the number...

To do the best job possible as a mediator, arbitrator and referee, I review and summarize every new published California civil case. In this blog post, I discuss a new civil case that was published last month. 

Wheeler/Batson Motions Regarding Jury Selection

Can a Batson/Wheeler motion address juror challenges based on factors other than race? Last month, the Second District Court of Appeal published a decision addressing this issue. To find out what they decided, watch the video above and read my summary of the case below. 

New CA Trial Decision  

Unzueta v. Akopyan (2022) _ Cal.App.5th _ , 2022 WL 16748570: The Court of Appeal reversed the judgment for defendant, following a jury trial, in plaintiff’s medical malpractice action. This was the second appeal in the case. In the first appeal the Court of Appeal held the trial court had erred in denying plaintiff’s Batson/Wheeler motion under Batson v. Kentucky (1986) 476 U.S....

To do the best job possible as a mediator, arbitrator and referee, I review and summarize every new published California civil case. In this blog post, I discuss a new civil case that was published last month. 

Cross-Examination by a Workplace Violence Restraining Order Defendant

When an employer seeks a workplace restraining order, does the defendant have a right to cross-examine witnesses? Last month, the First District Court of Appeal published a decision addressing this issue. To find out what they decided, watch the video above and read my summary of the case below. 

New CA Employment Decision  

CSV Hospitality Management v. Lucas (2022) _ Cal.App.5th _ , 2022 WL 9744258: The Court of Appeal reversed the trial court’s order granting plaintiff’s request for a restraining order under the Workplace Violence Safety Act (Code of Civil Procedure, section 527.8). During the evidentiary hearing, the trial court denied...

To do the best job possible as a mediator, arbitrator and referee, I review and summarize every new published California civil case. In this blog post, I discuss a new civil case that was published last month. 

Discovery Sanctions

The California Civil Discovery Act sets forth the rules for discovery that can be conducted under California law. There are many provisions authorizing trial courts to impose sanctions against a party. Last month, the Second District Court of Appeal published a decision addressing the issue of whether the trial court had properly granted a motion for sanctions under Code of Civil Procedure sections 2023.010 and 2023.030. To find out what they decided, watch the video above and read my summary of the case below.

New CA Civil Procedure Decision  

City of L.A. v. PricewaterhouseCoopers, LLC (2022) _ Cal.App.5th _ , 2022 WL 12010415: The Court of Appeal reversed the trial court’s order granting a motion for sanctions...

To do the best job possible as a mediator, arbitrator and referee, I review and summarize every new published California civil case. In this blog post, I discuss a new civil case that was published last month. 

Insurance and COVID-19

In 2022, I've seen a flurry of cases addressing the issue of whether a property or casualty insurance policy provides coverage for the shutting down of a business due to COVID-19. Our California Courts of Appeal have not always agreed on the answer. Last month, the First District Court of Appeal published a decision addressing this issue. To find out what they decided, watch the video above and read my summary of the case below.

New CA Insurance Decision  

Apple Annie, LLC v. Oregon Mutual Ins. Co. (2022) _ Cal.App.5th _ , 2022 WL 4007516: The Court of Appeal affirmed the trial court's order granting defendant carrier's motion to judgment on the pleadings in plaintiff's action for damages under the policy because...

To do the best job possible as a mediator, arbitrator and referee, I review and summarize every new published California civil case. In this blog post, I discuss a new civil case that was published last month. 

Arbitration and PAGA

Under California law, a PAGA claim cannot typically be sent to arbitration. But, like so many other rules in the law, this rule is not absolute. Last month, the Second District Court of Appeal published a decision addressing this issue. To find out what they decided, watch the video above and read my summary of the case below.

New Arbitration and PAGA Decision  

Oswald v. Murray Plumbing & Heating Corp. (2022) _ Cal.App.5th _ , 2022 WL 4008088: The Court of Appeal reversed the trial court's order denying defendant's motion to compel arbitration in plaintiff's lawsuit alleging violations of the Private Attorneys General Act (PAGA; Labor Code, section 2698 et seq.). While the right to file a PAGA action generally...

To do the best job possible as a mediator, arbitrator and referee, I review and summarize every new published California civil case. In this blog post, I discuss a new civil case that was published last month. 

Civil Procedure and Employment

The California Department of Fair Employment and Housing can file an action on behalf of an employee. Last month, the Sixth District Court of Appeal published a decision addressing the issue of whether am action filed on behalf of an employee could proceed using a fictitious name because revealing the employee's identity could jeopardize the safety of his family members in India. A video discussing the case is above and my summary of the case is below.

New Civil Procedure and Employment Decision  

Department of Fair Employment and Housing v. Superior Court of Santa Clara County (2022) _ Cal.App.5th _ , 2022 WL 3136002: The Court of Appeal granted a writ petition directing the trial court to vacate its...

To do the best job possible as a mediator, arbitrator and referee, I review and summarize every new published California civil case. In this blog post, I discuss a new civil case that was published last month. 

Landowner Tort Duty

California landowners often owe a duty of care to people on their property. Last month, the Second District Court of Appeal published a decision addressing the issue of whether a landowner owes a duty of care for an open and obvious risk. Whether a risk is open and obvious will often be a question of fact that will preclude the granting of a motion for summary judgment. In this case, however, the parties agreed the risk was open and obvious. A video discussing the case is above and my summary of the case is below.

New Torts Decision  

Montes v. Young Men's Christian Assn. of Glendale (2022) _ Cal.App.5th _ , 2022 WL 3053305: The Court of Appeal affirmed the trial court's order granting defendant's motion for summary...