New CA Probate Case

probate trust amendment Mar 22, 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.

Probate

In probate actions a common issue facing the courts is whether an amendment to a revocable trust was valid. Last month, the First District Court of Appeal published a new decision addressing whether an amendment to a revocable trust was valid when it was not acknowledged by a notary public. In the video above I briefly discuss this new case. Below is my summary of this new case.

New Probate Decision 

Balistreri v. Balistreri (2022) _ Cal.App.5th _ , 2022 WL 557745: The Court of Appeal affirmed the trial court's order denying a petition to confirm the amendment of a revocable trust. Petitioner alleged that the day before her husband, Sal C. Balistreri (decedent) died, the two amended their revocable trust. The trust mandated that any amendment "shall be...

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New CA Employment Case

employment jury trials paga Mar 18, 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.

 Employment

Actions under the Private Attorneys General Act (PAGA; Labor Code, section 2698) are regularly addressed in the new published civil cases. Last month, the Second District Court of Appeal published a new decision addressing whether a party bringing a PAGA claim is entitled to a jury trial. In the video above I briefly discuss this new case. Below is my summary of this new case.

New Employment Decision 

LaFace v. Ralphs Grocery Co. (2022) _ Cal.App.5th _ , 2022 WL 498847: The Court of Appeal affirmed the trial court's judgment for defendant, following a bench trial, in plaintiff's action under the Private Attorneys General Act (PAGA; Labor Code, section 2698, et seq.). The trial court properly concluded that the PAGA action was equitable and...

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New Medical Malpractice Case

 

The Medical Injury Compensation Reform Act, commonly known as MICRA, has been on the books in California since 1975. One of its provisions limits non-economic damage awards to a maximum of $250,000. You'd think that California courts would have determined all of the possible MICRA issues, but that's not the case. Just last month, the California Supreme Court issued a new decision regarding MICRA that I discuss in the video above.

Mediation, Arbitration and Referee Services

I help attorneys and their clients by serving as a mediator, arbitrator and referee with ADR Services, Inc. I handle cases in the areas of business, commercial, employment, insurance bad faith, insurance coverage, land use, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death. I also keep up with the new civil case law published in California. I offer Zoom services throughout California and also in-person services. I've...

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New Employment Law Case

In addition to my work as a mediator, arbitrator and referee, I help California lawyers easily keep up with the new case law in their practice areas by publishing California Case Summaries. 

Below is a free sample of a new case summary from the newly published issue of my publication California Case Summaries Monthly, with summaries of the 43 new California civil and family law cases published in January of 2022. 

California Supreme Court
Employment

 Lawson v. PPG Architectural Finishes, Inc. (2022) _ Cal.5th _ , 2022 WL 244731: The California Supreme Court, answering a question posed by the Ninth Circuit Court of Appeals, determined the proper method for presenting and evaluating a claim of whistleblower retaliation under Labor Code section 1102.5. Once an employee-whistleblower establishes by a preponderance of the evidence that retaliation was a contributing factor in the employee’s termination, demotion, or other...

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New Case Discussing Settlements

Below is a free sample of a new case summary from the newly published issue of my publication California Case Summaries Monthly, with summaries of the 48 new California civil and family law cases published in December of 2021. 

California Courts of Appeal
Settlement

CSAA Insurance Exchange v. Hodroj (2021) _ Cal.App.5th _ , 2021 WL 5631492: The Court of Appeal affirmed the trial court's order granting plaintiff's motion for summary judgment in an action by plaintiff carrier against defendant for breaching his agreement to settle a personal injury claim for the policy limit of $100,000. When parties agree on the material terms of a contract with the intention to later reduce it to a formal writing, failure to complete the formal writing does not negate the existence of the initial contract. The Court of Appeal concluded that the communications between defendant's lawyer and plaintiff reflected a settlement which would be later memorialized in a...

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New Torts Case re protecting students from sexual assault, November 2021

Below is a free sample of a new case summary from the newly published issue of my publication California Case Summaries Monthly, with summaries of the 32 new California civil and family law cases published in November of 2021.

California Courts of Appeal

Torts

Doe v. Lawndale Elementary School Dist. (2021) _ Cal.App.5th _ , 2021 WL 5578329: The Court of Appeal reversed in part, and affirmed in part, the trial court’s order granting defendants’ motion for summary judgment in an action for sexual assault of a minor student by a music teacher. The Court of Appeal concluded that school administrators have a duty to protect students from sexual abuse by school employees, even if the school does not have actual knowledge of a particular employee’s history of committing, or propensity to commit, such abuse. Therefore, it reversed the trial court’s order granting summary adjudication on plaintiff’s negligence causes of action....

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New Civil Case, November 2020

Uncategorized Dec 09, 2020

37 New civil and family law cases were published by California Courts in November 2020. Keeping current with the new published case law helps me get the best possible results for my mediation, arbitration and reference clients. 

I provide short summaries, organized by legal topics, of every new published civil and family law case in my online publication California Case Summaries Monthly™. It costs only $50 per attorney per month, and I also offer law firms discounted multi-user issues. To subscribe, click here.

Below is a sample of one of the case summaries in the newest issue of California Case Summaries Monthly.

Arbitration

Coughenour v. Del Taco (2020) _ Cal.App.5th _ , 2020 WL 6817570: The Court of Appeal affirmed the trial court's order denying defendant's motion to compel arbitration in plaintiff's action alleging sexual harassment, wage and hour claims under the Labor Code, and other claims under the Fair Employment and Housing Act. Plaintiff...

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Monty's Civil Summary: 9-25-20

civil litigation torts Sep 27, 2020

California Case Summaries
by Monty A. McIntyre, Esq.

CALIFORNIA COURTS OF APPEAL

Torts

Koussaya v. City of Stockton (2020) _ Cal.App. 5th _ , 2020 WL 5626796: The Court of Appeal affirmed the trial court's order granting defendants' motions for summary judgment in a case alleging assault and battery, negligence and intentional infliction of emotional distress arising from plaintiff's[1] serious injuries suffered after she jumped from a moving Ford Explorer driven by bank robbers being chased and shot at by police officers. The Court of Appeal ruled that the trial court had abused its discretion in excluding evidence contained a report by the Police Foundation regarding the incident, and also misapplied the Government Claims Act (Gov. Code, § 810 et seq.) to improperly limit the scope of plaintiff's allowable claims based upon the tort claim filed by plaintiff. However, even taking into account the improperly excluded evidence and properly viewing the factual basis of plaintiff's...

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