Defendants are a trucking company in Long Beach, California and the company’s owner. The People, on behalf of the State of California, filed this action under Business and Professions Code section 17200, Unfair Competition Law [UCL] against defendants for misclassifying drivers as independent contractors and for other alleged violations of California’s labor and unemployment insurance laws. […]
Summary Of Documents Supported By Declaration Based On Information And Belief Found To Be Enough To Support The Grant Of Summary Judgment.
Evidence in support of a motion for summary judgment included the declaration based on information and belief of a lawyer representing the moving party in which he avers he has “personal knowledge of the foregoing, except as to those matters stated on information and belief.” He indicates in his declaration he reviewed the 80 documents […]
Yelp Cannot Misrepresent Its Filtering Methods.
Yelp operates a website that serves as a free social media website and search engine, available to the public at no charge. Users who register may post reviews about local businesses, and can rate a business using a star rating of one to five stars, with five stars being the highest rating. Yelp constantly battles […]
Teachers’ Names Need Not Be Disclosed Under Public Records Act.
The Los Angeles Unified School District has developed a statistical model designed to measure a teacher’s effect on his or her students’ performance in the California Standards Tests. This model yields a result—known as an Academic Growth Over Time (AGT) score—which is derived by comparing students’ actual scores with the scores the students were predicted […]
Sanctions Against Lawyer Reversed.
Plaintiff sued the State of California for dangerous condition of public property. Discovery disclosed the State did not own, control or maintain the property, and the State warned the plaintiff’s lawyer that it would seek sanctions pursuant to Code of Civil Procedure section 1038, if the complaint was not dismissed, which provides for mandatory defense […]
The Continuing Chronicles Of Proving Cost Of Medical Treatment.
In a personal injury action, defendants filed a motion in limine to exclude testimony by plaintiffs’ nonretained treating physicians on any expert opinions that were not formed at the time of and for purposes of treatment, but instead were formed for purposes of litigation. Defendants argued that Plaintiffs had listed 25 individual, nonretained treating physicians […]
No Causation In Legal Malpractice Action.
A woman, who was born in the USA, began living with a man in 1998. Without the benefit of a marriage license, in 2000, they participated in a traditional Hmong marriage ceremony. They signed numerous documents, filed tax returns indicating they were married and had two children. In 2009, the woman filed a petition for […]
Named Plaintiff Had No Authority To Speak For Putative Class; Extraordinary Relief Denied.
Counsel for the named plaintiff in a class action and the defendant reached a settlement and stipulated to the appointment of a temporary judge for the purpose of ruling on the motions for preliminary and final approval of the settlement. The superior court declined to appoint the temporary judge on the basis that counsel for […]
Death Knell Doctrine Applied.
The trial court dismissed plaintiff’s class claims with prejudice, and granted defendant’s motion to compel plaintiff to arbitrate his individual claims. Under the death knell doctrine, the appellate court reversed because “the trial court erred by deciding the issue whether the parties agreed to class arbitration, and that the court should have submitted the issue […]
Sabre Rattling Does Not A SLAPP Action Make.
After an attorney sent letters threatening litigation over a contract dispute, a plaintiff filed a declaratory relief action. The defendant, the one whose lawyer threatened litigation, filed an anti-SLAPP motion pursuant to California Code of Civil Procedure section 425.16, which the trial court denied. In affirming the denial of defendant’s anti-SLAPP motion, the appellate court […]
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