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 I discuss a new civil case that was published last month. 

Elder Abuse

In a Financial Elder Abuse action, last month the First District Court of Appeal addressed the issues of whether the plaintiff can obtain a pretrial right to attach order, and what amounts can be covered by such an order. A video discussing the case is above and my summary of the case is below.

New Elder Abuse Decision  

Royals v. Lu (2022) _ Cal.App.5th _ , 2022 WL 2800956: The Court of Appeal reversed the trial court's order granting plaintiff's request for a pretrial right to attach order (RTAO) in the sum of $3,440,000 against defendant under section 15657.01 of the Elder Abuse and Dependent Adult Civil Protection Act (the Elder Abuse Act; Welfare & Institutions Code, section 15600 et. seq.) After plaintiff filed her petition,...

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 I discuss a new civil case that was published last month. 

Settlement

When a case settles, an issue that can arise later is whether the settlement of the case bars a later-filed case under the doctrine of claim preclusion. Last month, the California Supreme Court published a new case addressing the issue of whether claim preclusion applied to the settlement of a wage and hour case against a hospital employer of plaintiff after plaintiff had settled an earlier case alleging similar claims against a staffing company. A video discussing the case is above and my summary of the case is below.

New Settlement Decision  

Grande v. Eisenhower Medical Center (2022) __ Cal.5th __ , 2022 WL 2349762: The California Supreme Court affirmed the Court of Appeal's decision that had affirmed the trial court's ruling, following a...

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 I discuss a new civil case that was published last month. 

Arbitration

In California cases with arbitration agreements, a common issue is whether California law will be preempted by the Federal Arbitration Act (FAA). Last month, the Second District Court of Appeal published a new case addressing whether the FAA applied to an arbitration agreement regarding employees who provided paratransit services required by the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.). A video discussing the case is above and my summary of the case is below.

New Arbitration Decision  

Evenskaas v. California Transit, Inc. (2022) _ Cal.App.5th _ , 2022 WL 2763374: The Court of Appeal reversed the trial court's order denying defendant's motion to compel arbitration of plaintiff's wage and hour class action....

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 I discuss a new civil case that was published last month. 

Settlement

Most cases are ultimately settled. Usually, the case will only settle once, but this is not always so. Last month, the Second District Court of Appeal published a new case addressing the effect of a forbearance agreement on an earlier settlement agreement. A video discussing the case is above and my summary of the case is below.

New Settlement Decision  

Filtzer v. Ernest (2022) 79 Cal.App.5th 579: The Court of Appeal affirmed the trial court’s order denying a motion to enter a stipulated judgment. On August 25, 2015, plaintiff filed a complaint for breach of contract and money had and received against defendant, based upon defendant’s failure to repay a $250,000 promissory note. On October 23, 2015, the parties entered into the...

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

Punitive Damages

Punitive damages may be recovered under California law, but California attorneys should be careful to seek an award that is likely to be upheld on appeal. Last month, the Third District Court of Appeal published a new case addressing when a punitive damage award can be excessive in light of the evidence. A video discussing the case is above and my summary of the case is below.

New Punitive Damages Decision  

Doe v. Lee (2022) 79 Cal.App.5th 612: The Court of Appeal reversed the trial court’s punitive damage award of $230,400 based upon insufficiency of the evidence, and  directed the trial court to vacate the punitive damage award and otherwise affirm the judgment. Plaintiffs brought an action against defendant alleging...

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

Discovery Abuse

Unfortunately, California attorneys far too often receive evasive and nonresponsive discovery responses from opposing counsel. Last month, in a decision clearly warning attorneys to not provide evasive discovery responses, the Second District Court of Appeal published a new case addressing whether a party can change an earlier evasive discovery response. A video discussing the case is above and my summary of the case is below.

New Discovery Decision  

Field v. U.S. Bank Nat. Assn. (2022) _ Cal.App.5th _ , 2022 WL 2071074: The Court of Appeal, in a decision clearly warning parties and their attorneys not to provide evasive discovery responses, affirmed the trial court's order granting defendants' motion for summary judgment. Plaintiff...

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

Attorney Fees

Attorney fees are near and dear to California attorneys in many areas of the law. New California cases are constantly deciding when, and how much, attorneys can recover if they prevail in a case for their client. Last month, the Sixth District Court of Appeal published a new case addressing whether trial courts have equitable authority, or authority under Probate Code section 15642, to order an unsuccessful party in a trust case to pay attorney fees in excess of their potential trust interest. A video discussing the case is above and my summary of the case is below.

New Attorney Fee Decision  

Bruno v. Hopkins (2022) _ Cal.App.5th _ , 2022 WL 2128067: The Court of Appeal affirmed the trial court's judgment for defendants, following a...

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

Torts

The issue of duty is an important concept in negligence. Last month, the Fourth District Court of Appeal published a new case addressing whether a contract between a Costco store and an independent contractor operating food sample tables in the store could effectively limit the duty the independent contractor owed to Costco customers in the store. A video discussing the case is above and my summary of the case is below.

New Torts Decision 

Hassaine v. Club Demonstration Services, Inc. (2022) _ Cal.App.5th _ , 2022 WL 1195331: The Court of Appeal reversed the trial court's order granting defendants' motion for summary judgment in plaintiff's action alleging negligence and damages arising out of her slip and fall on a slippery substance on the floor of...

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

Insurance

California Insurance Code section 533 prohibits insurance companies from providing indemnity for intentional acts. Last month, the First District Court of Appeal published a new case addressing whether an insured successor to a paint manufacturer that had promoted the use of lead paint was entitled to indemnity for a settlement payment of $101,666,666 made by the insured. A video discussing the case is above and my summary of the case is below.

New Insurance Decision 

Certain Underwriters at Lloyd's etc. v. Conagra Grocery etc. (2022) _ Cal.App.5th _ , 2022 WL 1164981: The Court of Appeal affirmed the trial court's order granting plaintiff insurance carriers' motion for summary judgment in a coverage action where plaintiffs alleged they were not...

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

Evidence

The California Penal Code prohibits recording a telephone conversation without the consent of the persons on the call. Last month, the First District Court of Appeal published a new case addressing whether a recorded telephone conversation that was not consented to can be used to impeach a witness. A video discussing the case is above and my summary of the case is below.

New Evidence Decision 

Quintero v. Weinkauf (2022) _ Cal.App.5th _ , 2022 WL 998964: The Court of Appeal affirmed the trial court's evidentiary rulings and the judgment for plaintiff awarding her $1.3 million in compensatory damages, $6,000 in punitive damages, $850,000 in attorney fees, and $60,000 in costs. Plaintiff's action alleged the tort of stalking, assault,...