A civil engineer, the cross-defendant herein, was hired to prepare plans to build a pier. His plans called for a very particular kind of concrete mixture, which concrete was supplied by defendant/cross-complainant. After defendant/cross-complainant prepared the concrete, cross-defendant gratuitously reviewed the recipe used and approved the prepared concrete. On the day of the concrete pour, […]
It’s Not Nice To Fool The State Bar.
A lawyer affirmed she had satisfied compliance with her Minimum Continuing Legal Education [MCLE] requirements when in fact she had not. Caught in the net of a random audit, the lawyer said she was previously mistaken and corrected the error. The Office of the Chief Trial Counsel [OCTC] of the State Bar charged the lawyer […]
Printed Name At The Bottom Of Several E-mails Not Enough To Show There Was A Settlement.
Plaintiffs filed a motion pursuant of Code of Civil Procedure section 664.6, to enforce a settlement. In concluding there was a settlement, the trial court found e-mails coupled with a voice mail qualified as an electronic signature under the Uniform Electronic Transactions Act [Civil Code section 1633.1, et seq.; UETA]. The Court of Appeal reversed, […]
Motion For Class Certification Denied.
The trial court denied class certification in a wage and hour case, and the appellate court, finding no abuse of discretion, affirmed. The crux of the analysis was that the employer had express written policies regarding work and meal breaks, but that some managers imposed uncompensated-for duties to be followed by the employees during their […]
Defendant Waived Arbitration By Propounding Discovery.
In a wage and hour case filed as a class action, instead of petitioning for arbitration outright, the employer defendant answered the complaint, asserting the plaintiff’s claims were subject to arbitration. The defendant proceeded to both respond to plaintiff’s discovery and propound discovery of its own. The parties then agreed to stay discovery for the […]
The Law Changed After The Demurrer Was Sustained But Before The Appeal Was Heard.
The director of a clinical laboratory informed executive staff and owners of the lab that there were numerous violations of state and federal laws in the lab’s operations. The director was terminated, and thereafter, filed suit alleging violation of Labor Code section 1102.5. The trial court sustained defendants’ demurrer because the plaintiff did not exhaust […]
Printed Name At The Bottom Of An Email Not Enough To Show There Was A Settlement.
Plaintiffs filed a motion pursuant of Code of Civil Procedure section 664.6, to enforce a settlement. In concluding there was a settlement, the trial court found e-mails couple with a voice mail qualified as an electronic signature under the Uniform Electronic Transactions Act [Civil Code section 1633.1, et seq.; UETA]. The Court of Appeal reversed, […]
No Showing Electronic Signature Was That Of Plaintiff, So Motion To Compel Arbitration Denied.
In a class action wage and hour action, the trial court denied defendant’s petition to compel arbitration, implicitly finding defendant did not present evidence to support its claim there was an arbitration agreement. At the hearing, defendant asserted plaintiff electronically signed a 2011 arbitration agreement, but did not explain how it verified there was such […]
Dismissal Of Action Ordered Vacated So Defendant May Seek Attorney Fees.
A plaintiff may dismiss an action without prejudice prior to trial and there is no prevailing party for purposes of awarding attorney fees under Civil Code section 1717. But in the present case, while there was indeed a contract which provided for an award of attorney fees to the prevailing party, the complaint also alleged […]
Not Everything In Mediation Is Confidential.
Husband and wife resolved their marital dissolution in mediation after exchanging financial disclosure declarations. Shortly after entry of judgment, the husband sold a company, which he listed on his financial disclosure document of having a value of $10 million, for $75 million. The wife moved to set aside the judgment on grounds of fraud and […]
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