A home warranty provider, the defendant in this action, records all incoming and outgoing telephone calls. A customer placing an inbound call is told: “To ensure the highest quality service your call may be monitored or recorded.” Plaintiff filed a class action against the defendant alleging it violates Penal Code section 632 which prohibits the intentional […]
Homeowner’s Insurance Company Did Not Comply With The Right To Repair Act Before Completing Repairs.
When the owner purchased a home, he signed a document which advised him of the prelitigation procedures required in the Right to Repair Act [Civil Code section 895]. Six years later, when the home was vacant, a property manager discovered a water leak, and the owner notified his insurance company. The insurance company hired workers to […]
California Has Specific Jurisdiction & Defendant Must Defend Itself Here.
In an attempt to collect a judgment, a bank sued a New Zealand company for fraudulently transferring and sequestering the debtor’s assets. The trial court granted the New Zealand company’s motion to quash service of summons for lack of personal jurisdiction. On appeal, the appellate court framed the issue as follows: “The primary issue presented is […]
She Acted Outside The Course And Scope Of Her Employment? C’mon . . . How Can You Say That?
A staffing company assigned one of its employees to work as a medical assistant at a customer’s facility, and the medical assistant poisoned a coworker. According to the allegations, the medical assistant and the coworker had some sort of disagreement about how to stock supplies. Sometime later, the coworker drank from her water bottle and her […]
Service Of Process On A Corporation In California.
Our Code of Civil Procedure provides a number of ways to serve process on a corporation doing business in the state. The most common method is by service on the corporation’s designated agent for service of process. (Code of Civil Procedure section 416.10, subdivision (a).) Otherwise, a corporation may be served by personally delivering a summons and complaint […]
No Intentional Interference With Prospective Economic Advantage.
A beer importer disapproved of an agreement whereby one of its distributors agreed to sell its beer distributorship to another distributor. When the importer, pursuant to its contractual right, disapproved of the sale, the beer distributorship was sold to another distributor. The scorned distributor brought an action against the importer for intentional and negligent interference with […]
Right To Repair Act Is Not The Exclusive Remedy In Construction Defect Cases.
A construction company built a home, which was purchased from the developer by plaintiff. In her action against the builder and developer, plaintiff alleged the home suffered from numerous construction defects. The trial court granted defendants’ summary adjudication of issues after defendants argued the Right to Repair Act [Civil Code section 895, et seq.] provides the […]
Delegated Obligation: The Law Says E.R. Doctors Have To Treat Patients, And The Doctors Want To Get Paid.
The law imposes a duty on emergency room physicians to treat patients regardless of their ability to pay. When those patients are enrollees in health care service plans (HMOs), the law imposes an obligation on the HMOs to reimburse the physicians for emergency treatment provided to the enrollees, even when the physicians were not under contract to […]
Surprise No Medical Records!!
Surgeons implanted a biliary stent in plaintiff during emergency abdominal surgery in 1996. Plaintiff alleges he was unaware it was there until August 2010 after he sought treatment for abdominal pain. In April 2011, plaintiff brought an action against the health care providers who treated him in 1996 and 1997. Defendants successfully demurred on statute of […]
No Need To Look At Our Evidence Of Attorneys’ Fees; Take Our Word For It.
The trial court awarded $350,000 in fees and costs to class counsel after approving a settlement. In making its determination, the court reviewed some of class counsel’s billing records in camera, to which defendant did not object. On appeal, defendant contended class counsel failed to submit sufficient evidence to justify that the fee award was both […]
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