In a classwide wage and hour action, the court granted the defendant employer’s petition to compel arbitration, leaving it up to the arbitrator to decide whether the agreement contemplated classwide and/or representative claims arbitration, or whether only the named plaintiff’s individual claim would be resolved in the arbitration. The employer filed a petition for writ […]
“I Think I’ll Sue My Client For Fees.”
A lawyer sued his former client for unpaid fees and costs. After traveling through the trial court, up to the Court of Appeal, back to the trial court, into arbitration and then once again back to the trial court, the trial court, agreeing with the arbitrator, concluded the client had fully paid what he owed. […]
Appellate Court Found Insurer Not In Bad Faith.
A Cadillac involved in an accident, which resulted in severe injuries to a plaintiff, was insured under two different policies and under two different named insureds. When plaintiff’s lawyer made a demand, it was against a person who was not in the car and under the wrong policy, a policy which had been canceled six […]
Vexatious Litigant Order Reversed.
A state prison inmate was declared a vexatious litigant and when he failed to furnish security in his pending case, the trial court dismissed it. On appeal, the prisoner argued that five of the actions which the trial court considered in determining he was a vexatious litigant, were not “litigations . . .finally determined adversely” […]
Even In Brave New World Class Action, A Defendant Only Has To Pay One Time.
The company is called IntelliGender, and it manufactures a Prediction Test that indicates the gender of a fetus: green for a boy and orange for a girl. A class action alleged violations of California’s unfair competition and false advertising laws. As it appeared there would be a settlement, notice of the settlement was sent to […]
No Civil Immunity Under Dram Shop Statutes For Brewer.
Shortly after drinking two 23.5-ounce cans of Four Loko, a college student became disoriented, agitated and paranoid, repeatedly saying “they” were coming to get them. He located a shotgun and began shooting in the backyard. His housemates called police. When police arrived, the young man went out to the front porch with his gun and […]
Robbed By Your Employees…
Robbed By Your Employees…is the name of an article cited by the appellate court in this opinion. In this case, a corporation’s accounting manager stole some of the incoming checks and took them to a check cashing service, forging the signature of a company officer and receiving hard cash. The corporation’s recoupment effort included suing […]
“Patience And Tenacity Of Purpose Are Worth More Than Twice Their Weight Of Cleverness.” Thomas Huxley.
A complaint alleging defendant misappropriated a company’s assets was personally served on defendant at a North Carolina airport when he visited the U.S.A. while living and working in Europe. Defendant did not respond to the complaint. Plaintiff later amended the complaint, increasing the prayer for damages and reclassifying the matter from a limited to an […]
Danger In Fun: Assumption Of The Risk.
Prior to plaintiff’s participation in a kickboxing class at defendant’s sports club, she signed a one-page agreement which advised that use of the facility naturally involves a risk of injury which she understands and voluntarily accepts. Thereafter, while performing a roundhouse kick, after being instructed on technique, plaintiff injured her knee. In opposition to defendant’s […]
No Court Reporter Present Sometimes Has Due Process Implications.
After granting the plaintiff leave to amend a few times, the trial court finally sustained defendant’s demurrer without leave to amend. The court’s ruling was reflected in the minute order, which stated in part that the court’s decision rested on “the reasons stated in open court.” But there was no court reporter present, so there […]
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