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 […]
The Confusing World Of Requests For Admissions.
In an appeal following a trial concerning a property line dispute, an appellant contended the trial court abused its discretion in denying costs after the other side failed to admit a request for admission. The requests for admissions asked the party to admit “the boundary lines between plaintiffs’ property and defendants’ property are accurately described […]
Motion In Limine Ruling Reviewed For Abuse Of Discretion.
In 2006, two stores in a center were robbed eight days apart. A jewelry store owner in the same center expressed concern to the center’s management about the lack of security. Instead of investing in security, the center’s owners and managers requested the local police department to step up security. Seven months after the first […]
General Jurisdiction; Specific Jurisdiction.
A non-resident of a California drug manufacturer is presently in a coordinated proceeding involving an alleged defective drug in a California superior court by concession. Identical defect claims have also been brought by non-residents of California in the same proceeding, but the manufacturer moved to quash service regarding the non-residents, claiming lack of persona jurisdiction. […]
When One Brings A Technical Summary Judgment Motion, One Must Also Meet All Technicalities, Both In The Trial Court And On Appeal.
Plaintiff was exposed to asbestos from the defendants’ products or activities when he worked in various construction trades. The trial court granted summary judgment in favor of all defendants. The appellate court affirmed as to all but one defendant, stating the majority of defendants met their initial burdens on summary judgment and the evidence and […]
Hospital’s Lien For Treating Injuries Caused By Insured Tortfeasor.
Three patients, covered under a Kaiser Permanente health plan, were treated at an emergency room after being injured in a car accident caused by a third party’s negligence. The third party had insurance through California Automobile Association [AAA] and Allstate Insurance Company. Kaiser provided coverage through an agreement it had with the hospital, but neither […]
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