One party to an arbitration petitioned to the superior court to confirm the award of the arbitrator. The other party objected because the parties did not agree in their arbitration agreement that the award could be judicially confirmed as required by section 9 of the Federal Arbitration Act [FAA; 9 U.S.C. § 9.]. The trial court […]
Union Has Statutory Protection To Picket Supermarket.
The California Supreme Court ruled on union picketing laws in front of a supermarket entrance and held: “[T]he supermarket’s privately owned entrance area is not a public forum under the California Constitution’s liberty of speech provision. For this reason, a union’s picketing activities do not have state constitutional protection. Those picketing activities do have statutory protection, […]
No Injunction To Forestall Employer From Providing Obamacare Preventive Services To Women.
An arts and craft Christian retail chainstore with 13,000 employees in 500 stores nationwide petitioned for an injunction, against the implementation of Obamacare, pending appellate review of its claim under the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act of 1993 [42 U.S.C. § 2000bb]. The employees receive health insurance […]
Second Judge’s Order Dismissing Action On Ground Of Forum Non Conveniens Affirmed After First Judge Denied Same Motion.
Just prior to retiring, the first judge denied a motion to stay or dismiss an action on the ground of forum non conveniens in a product liability case. A second judge granted the same motion when it was renewed. Plaintiffs appealed, contending the second judge erred by reconsidering without finding the earlier order was erroneous and […]
Securities Fraud — The Sum Of The Allegations Is Greater Than Its Parts.
A securities fraud complaint alleged false financial adjustments were made to a company’s accounts, and the district court dismissed it for failure to sufficiently allege scienter as to each of the defendants. The Ninth Circuit reversed, noting that viewed in isolation any one allegation may not compel an inference of scienter, but “when we consider the […]
Trial Court Ordered To Deny Motion In Limine After Party Argued It Eviscerated Case.
The trial court granted a motion in limine to exclude the testimony of an appraiser in an eminent domain action. The parties thereafter stipulated to the value of real property and the trial court entered judgment in accordance with the stipulation. The property owner contended on appeal that the use of a motion in limine […]
Seven Percent (7%) Interest On Execution Of Judgment Which Was Later Overturned On Appeal Is Affirmed.
A party collected money by executing on a judgment that was later overturned on a and the other party sought restitution under Code of Civil Procedure section 908. The party who collected the money did not contest the trial court’s order that it pay the money back after the case was overturned, but did contest the […]
Boy Scouts Only Indirect Or Incidental Aid By A City For Religious Discrimination.
The plaintiffs are adults who are either lesbians or agnostics and who use two parks which are partially leased by the City of San Diego to a nonprofit corporation chartered by the Boy Scouts of America. Plaintiffs allege the leases violate provisions of the California and federal Constitutions relating to the Establishment of Religion and the […]
Technological Changes Did Not End Design Immunity In Construction
Plaintiffs were injured in an accident on a bridge and brought an action for dangerous condition of public property. Defendants argued they enjoyed design immunity, but plaintiffs contended they lost that immunity when they became aware of certain technological changes which made it appropriate to install modifications. The trial court entered judgment in favor the […]
Sexual Harassment Against Employer Verdict Under Civil Code Section 51.7: Freedom From Violence Or Intimidation.
A woman janitor brought an action against her employer for sexual harassment and acts of violence against her involving kisses and other touching forced upon her by a co-employee who did a lot of drinking on the job. The case was tried, not on FEHA violations, but on causes of action for negligent supervision and […]
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