Plaintiff agreed to use his experience and connections in the high-tech electronic industry to help grow a company owned by defendants. Plaintiff prepared a written document outlining the business relationship with defendants, which included his understanding he would receive 50 percent of the net profits from all sales resulting from his efforts and contacts. The parties […]
The Doctrine Of Respondeat Superior: Is This The End Of Company Christmas Parties???
An employee consumed alcoholic beverages at an employer hosted party and became intoxicated. The employee arrived home safely, but then left to drive a coworker home. During that drive, the employee struck another car, killing its driver. The trial court granted summary judgment for the employer on the ground the employer’s potential liability under the doctrine […]
Dept. Of Industrial Relations Estopped From Claiming Cosmetologists Are Employees After Labor Commissioner Found Them To Be Independent Contractors.
An administrative law judge concluded cosmetologists were independent contractors, and, therefore several salons were not liable for contributions for unemployment, employment training and disability as well as personal income tax withholdings along with penalties and interest. Nonetheless the Commissioner acting through the Division of Labor Standards, an entity within the Department of Industrial Relations [Labor Code […]
Public Utilities Commission ( PUC ) Denies Partnership An Offset For Income Tax Purposes.
A company formed as a partnership which operates oil pipelines challenged ratesetting orders of the Public Utilities Commission [PUC]. The PUC decided the company is not entitled to an offset for income tax purposes. The company argued the PUC erroneously denied it a federal income tax allowance because it is a limited partnership instead of a […]
Error To Grant New Trial In Lemon Law Case.
In a lemon law action, the trial court denied the truck manufacturer’s motion in limine to exclude evidence of a repair done after the expiration of the warranty. A jury awarded plaintiff restitution value for the vehicle, and the trial court granted a new trial after concluding it erred in denying the motion in limine. The […]
Surety Is Called To Answer For Its Guaranty.
A 2007 surety specifically excluded an asset from a continuing guaranty; the asset was a personal residence. The residence was sold in 2011 and the proceeds from the sale were held in a separate account. When the senior lender foreclosed in 2012, the surety failed to make good on his guaranty. The trial court denied […]
Investment Bankers Sealed Their Lips, And Now They Are Defendants.
Investors purchased a tenant in common ownership interest in a senior housing facility from a real estate investment company. The company did not disclose to the investors that its sole owner is a convicted felon, a violation of state securities law; nor did it disclose the existence of a second loan that grossly overleveraged the property. […]
Writ Of Execution Can Get Complicated!
After the sheriff levied on funds in its bank account, pursuant to a writ of execution, a judgment debtor filed a notice of appeal and a sufficient appeal bond. The debtor gave notice of these documents to the sheriff in order to prevent the sheriff from disbursing the levied funds to the judgment creditor. Nonetheless, the […]
Entity Acting On Behalf Of Defunct Company May Enforce Arbitration Agreement.
A financial services company, sued for allegedly providing bad investment advice, was denied its petition to compel arbitration because the original entity, another financial services company, which entered into the arbitration agreement, was a defunct company. The appellate court reversed, holding the financial services company, as an agent of the defunct company and a third party […]
Not All Venue Selection Clauses Are Contrary To Public Policy.
A wholesale food distributor with its principal place of business in San Diego contracted with a restaurant chain and entered into a “Master Foodservice Distribution Agreement” [MFDA]. The MFDA contained a venue selection clause stating “any litigation related to or arising from this Agreement may be brought in a state or federal court located within Orange […]
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