City brought an action against commercial property owners to abate public nuisances, prostitution and operation of medical marijuana dispensaries. The trial court granted the city preliminary injunctions. Meanwhile, the property owners cross-complained against the city and several city employees for slander, trade libel and intentional interference with prospective economic advantage, centering around certain statements made to […]
Sign This Arbitration Provision If You Want To Work Here.
Carpet installers were told to sign a form contract when they were hired and again during their employment. The contract included an arbitration provision among its 37 paragraphs, a six-month statute of limitations and a unilateral attorney fee provision which worked to the detriment to the employees. The forms were in English and the employees did […]
The Holder Rule Permits Action Against A Lender To The Same Extent An Action Could Be Brought Against The Seller Of A Mobile Home.
Plaintiffs bought a motor home that was financed with an installment contract. Shortly after the sale, the contract was assigned by the dealership to a bank. Plaintiffs assert the motor home was defective from the start. After months passed without the demanded repairs being made, plaintiffs disclaimed their ownership in the vehicle and sued the dealership. […]
Business Judgment Rule Does Not Shield Cooperative.
A dairy cooperative instituted production quotas for its members and reduced payments for milk deliveries in excess of the quotas. One co-op member brought an action for breach of contract claiming his quota was too low. The contract required the co-op to accept all of the milk from its members “subject to the right of the […]
Ninth Circuit Relaxes Standard For Personal Jurisdiction Based On Internet Postings.
The Ninth Circuit, in opinions written by Judge William Fletcher, made it easier to subject defendants to local jurisdiction based on activities on the internet. In CollegeSource, Inc. v. AcademyOne, Inc. (Ninth Cir.; August 8, 2011) 653 F.3d 1066, [2011 DJDAR 11896], defendant, a Pennsylvania corporation posted material collected by plaintiff on its website. Defendant […]
Failure To Plead Alter Ego Theory Does Not Preclude Amendment Of Judgment If Alter Ego Was Virtually Represented In The Action.
After obtaining judgment against Sayrahan Group, LLC, plaintiff discovered that D’Arco had always had a 100% ownership of the company and made all of its business decisions. Plaintiff filed a motion to amend the judgment to add D’Arco as a judgment debtor. The trial court denied the motion, holding plaintiff had to file a new […]
One Person Does Not A Partnership Make.
Two brothers formed a partnership business which thrived for years until one partner withdrew. The brothers sued each other, alleging various causes of action. They asked the Superior Court to set a valuation of the business for buyout purposes. The Court of Appeal noted that both brothers wanted the court to assume a partnership can […]
No Duty To Defend.
Company A advertised its product, which resembled and had a name similar to the product sold by Company B. Company A’s advertisement, however, did not identify Company B’s product expressly and did not disparage Company B’s product. When Company B sued, Company A made a demand on its insurer to defend under an insurance policy […]
Qui Tam Action For Insurance Fraud Not Subject To Motion To Strike Under Anti-Slapp Statute.
An employee of a biotechnology company signed an agreement with his employer which provided that any invention conceived by him while at the company belonged to the company. While employed there, he invented a unique biotechnology process and started his own business to make a profit from his invention. The former employer and former employee […]
Pregnancy Discrimination Verdict Upheld.
Woman employee was fired three hours after returning from pregnancy leave. In her action alleging wrongful termination and violation of the California Fair Employment and Housing Act [FEHA Government Code §12940], a jury awarded her $10,000. After the verdict, the court granted her $50,858.44 for attorney fees. The employer argued on appeal the trial court […]
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