New Civil Procedure and Employment Case

Uncategorized Sep 27, 2022
 

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...

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New CA Torts Case

Uncategorized Sep 13, 2022
 

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...

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New CA Insurance Case

 

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. 


Insurance

The COVID-19 pandemic has led to the filing of many coverage actions by businesses against their commercial property carriers. We're now starting to see published cases from California Courts of Appeal regarding coverage. Last month, the Second District Court of Appeal addressed whether the plaintiffs had adequately alleged potential coverage for business losses due to COVID-19. As you'll see in the summary, plaintiffs were creative making in their allegations. A video discussing the case is above and my summary of the case is below.

New Insurance Decision  

Marina Pacific Hotel and Suites, LLC v. Fireman's Fund Ins. Co. (2022) _ Cal.App.5th _ , 2022 WL 2711886: The Court of Appeal reversed the trial court's order sustaining defendant's...

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New CA Partnership Case

 

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. 


Partnerships

Last month, the California Supreme Court decided whether a plaintiff alleging fraudulent diversion of partnership profits can obtain treble damages and attorney fees under Penal Code section 496(c). A video discussing the case is above and my summary of the case is below.

New Partnership Decision  

Siry Investment, L.P. v. Farkhondehpour (2022) __ Cal.5th __ , 2022 WL 2840312: The California Supreme Court affirmed in part, and reversed in part, the Court of Appeal's decision in plaintiff's[1] action alleging fraudulent diversion of partnership profits. After a prior appeal, the case was remanded to the trial court. Defendants failed to respond to discovery responses, ever after being ordered to do so. The trial court issued an order...

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New CA Elder Abuse Case

 

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,...

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New CA Settlement Case

 

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...

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New CA Arbitration Case

 

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....

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New CA Settlement Case

settlement Jul 26, 2022
 

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...

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New CA Punitive Damage Case

punitive damages Jul 19, 2022
 

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...

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New CA Discovery Case

 

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...

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