In a wrongful termination action, an insurance company defendant withheld or redacted documents requested on the ground they contain privileged or confidential information. Further, the insurance company insisted parties could not disclose the information, even to their own attorneys in the case. The superior court ordered the document in each party’s possession could be disclosed […]
Motion To Compel Arbitration Denied.
In a breach of personal service suit, the trial court denied defendant employer’s petition to compel arbitration. The collective bargaining agreement’s grievance procedure consists of three steps. Step 1 allows the union or an employee to resolve a grievance by discussion with the supervisor. Step 2 permits resolution of the grievance if the union is […]
Trial Court Erred In Denying Motion For Class Certification.
Plaintiff filed a putative class action against Home Service on behalf of customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. He alleged causes of action for violation of Labor Code section 2802; unfair business practices under Business and Professions Code section 17200 et seq.; declaratory relief; […]
Attorney Stiffed For Contingent Fees Must Sue The Client, Not The Second Attorney For Breach Of Contract, But May Bring Both Client And Second Lawyer Into A Declaratory Relief Action To Set The Reasonable Value Of Services.
Plaintiff was the first lawyer to represent two clients in a personal injury case. Defendant was the second lawyer. Defendant obtained a settlement payment for the clients which he deposited in his client trust fund account. Plaintiff demanded payment of attorney fees from defendant; when he was unsuccessful, he sued defendant on the theory he […]
Visitation: Grandparent’s Rights vs. Mother’s Right To Parent.
A juvenile court judge in dependency court terminated the court’s jurisdiction over a minor. At the same time, the court ordered regular visitation with the paternal grandmother. The child’s mother contended the visitation order impermissibly infringed on her fundamental parenting rights under the Fourteenth Amendment to the United States Constitution. Welfare and Institutions Code section […]
Heightened Standard For Pleading Fraud Met By Attaching Loan Documents To Complaint.
Plaintiffs’ complaint alleges, among other things, fraud and unfair business practices in the origination of plaintiffs’ residential mortgage loans, and negligence in the subsequent servicing of the loans, including negligent review of plaintiffs’ applications for loan modification. Plaintiffs contend the trial court erred in sustaining defendants’ demurrer when it concluded the complaint fails to allege […]
Petition To Compel Arbitration Denied.
In a wage and hour claim, a plaintiff signed an agreement with her employer. In the 2001 Agreement, the parties agreed to mediate “any dispute arising out of” employment, except “workers’ compensation claims, unemployment insurance[,] and matters governed by the California Labor Commissioner[.]” The arbitration provision provided as follows: “Arbitration. In the event mediation does […]
Previously we reported: No Loss Of Consortium Claim Under Labor Code § 4558. The same case was again before the Court of Appeal.
Where an employee is injured in the course and scope of his or her employment, workers’ compensation is generally the exclusive remedy of the employee and his or her dependents against the employer. (Lab. Code §§ 3600, subd. (a), 3602.) Labor Code section 4558 authorizes an injured worker to bring a civil action for tort […]
Previously we reported: No Jurisdiction In California. Recent ruling by California Court of Appeal on similar issue:
Plaintiffs are 22 residents of Argentina who brought an action in federal court in California against a German manufacturer, claiming the company “collaborated with state security forces during Argentina’s 1976-1983 ‘Dirty War to kidnap, detain, torture, and kill certain [Mercedes-Benz Argentina] workers.” Plaintiffs pled claims under the Alien Tort Statute [28 U.S.C. § 1350] and […]
Conservator Ordered To Pay Pre Conservatorship Debt From Conservatee’s Estate.
Before the creation of a conservatorship, the now-conservatee committed a tort and a jury issued an award against the now-conservatee. An unpaid balance of $350,000 for punitive damages remains. Before judgment was entered, a temporary conservatorship was established and later became permanent. The judgment creditor petitioned the probate court to direct the conservator to pay […]
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