After a man left his employment at a retirement home, he filed a claim with the Labor Commissioner, who awarded him $131,096.77 for unpaid wages. The retirement home appealed the Labor Commissioner’s order to the Superior Court, posting an undertaking. The man moved to dismiss the appeal, arguing the retirement home lacked the capacity to […]
Trial Court Erred When It Did Not Order All Claims, Even Those For Injunctive Relief, Into Arbitration.
Credit card holder sued Citibank under Business and Professions Code section 17200 for unfair competition and false advertising over an insurance plan she purchased to protect her Citibank credit card account. The trial court granted Citibank’s petition to compel arbitration on the claims for money damages and restitution, but denied the petition on the injunctive […]
Law Partner Added As A Judgment Debtor After Multi-Million-Dollar Verdict Against Firm.
After practicing law together for 14 years, two lawyers parted. One of the lawyers sued the other as well as their former firm. The issue, of course, was money. The trial court granted a directed verdict in favor of the individual lawyer defendant. A jury returned a multi-million-dollar verdict. Thereafter, the plaintiff filed a motion to […]
Deed Altered, Omitting Plaintiff’s Name, But She Still Loses Quiet Title Action.
In her quiet title action, plaintiff alleges she pooled her $150,000 with two entities in partnership for the purchase of a residential property at a foreclosure auction for the purchase price of $250,000. In the original version of the trustee’s deed, it stated that one of the entities had a 75 percent and the other […]
You Call It Human Rights Abuses; I Call It A Political Question. Let’s Call The Whole Thing Off.
An internal struggle in Colombia has been ongoing since the 1960s involving guerrilla forces trying to overpower the Colombian government. In 1986, oil extraction of one of the largest oil fields in the country began, and the first 110 miles of pipeline ran through especially volatile guerrilla territory. In 2002, because of Colombia’s inability to […]
Call Me This And Call Me That, But Call Yourself. . .Outside The Jurisdiction Of California.
In a Facebook spat between skin care product competitors, one sued the other for defamation. Plaintiff resides in California, but defendant does not. The appellate court held that posting defamatory statements about another person on Facebook, “while knowing that person resides in the forum state, is insufficient in itself to create the minimum contacts necessary […]
Superior Court’s Order Vacating Partial Award Of Arbitrator Not Yet Appealable Because Not Final.
Plaintiff brought a private attorney general action [PAGA] alleging various employment related issues on behalf of herself and other aggrieved employees. In a separate action, filed as a class action, she alleged similar employment claims on behalf of herself and class members. The trial court declared the two actions as being related actions, but did […]
Denial Of Motion To Stay Proceedings Pending Arbitration Is Not An Appealable Order.
Defendant filed a motion to stay proceedings in the superior court pending arbitration, and the trial court denied the motion. Defendant appealed, and the Court of Appeal dismissed the appeal, stating: “[T]he trial court’s denial of the stay motion unaccompanied by any motion or petition to compel arbitration or a pending arbitration is not an […]
Arbitration: Filing A Complaint Relieves A Party From Proving The Other Party Refused.
Two businesses entered into an agreement which provided that disputes would be subject to arbitration. Plaintiff sued defendant, and defendant moved to compel arbitration. Under Code of Civil Procedure section 1281.2, a party requesting arbitration must prove the other party refused to arbitrate the controversy. The trial court denied the motion to compel on the […]
The Cost At A Hospital Is Different For You.
A man with no medical insurance signed an agreement to pay a hospital’s full charges when he received emergency care at a hospital. He later filed a consumer class action asserting claims under Business and Professions Code section 17200 and Civil Code section 1750. His complaint alleges the hospital “failed to disclose uninsured patients would […]
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