The underlying defendants then brought an action against the underlying plaintiffs and their lawyer for malicious prosecution, to which the present defendant, who was the underlying plaintiff, brought a special motion to strike under the anti-SLAPP statute
Court Denied Petition To Compel Arbitration In Employment Case.
Plaintiff and his employer entered into an agreement that all disputes would be resolved by arbitration and that class actions were prohibited. After he was terminated, plaintiff filed a class action alleging various Labor Code violations and unfair business practices. Finding the prohibition against class actions in the agreement to be improper in the test set forth in Gentry v. Sup. Ct. (2007) 42 Cal.4th 443 [64 Cal.Rptr.3d 773, 165 P.3d 556], the trial court denied defendant’s petition to compel arbitration.
OMG. . . A Subway In 90210!!
To reach a subway station, a planned subway will travel under Beverly Hills High School. Both the City of Beverly Hills and the Beverly Hills Unified School District objected to the placement of a subway tunnel under the high school or any other properties located in Beverly Hills. Their objection was based on the environmental […]
Attorney Fees In Small Claims Appeal.
While lawyers usually cannot represent parties in a small claims action, lawyers may represent parties in small claims appeals. (Civ.Proc. § 116.530.) Code of Civil Procedure section 116.780(c) provides for an award of fees up to $150 and up to $1,000 if appeal was without substantial merit and not based on good faith. In the […]
Previously We Reported: Intellectual Property … The Devil’s In The “Related Search” Details.
Plaintiff is the manufacturer of high-end military style watches, known as MTM Special Ops watches. Defendant, retailer Amazon.com, does not sell these watches, but when a potential buyer inserts “MTM Special Ops” onto its website, a message will direct the person to related searches of “MTM special ops watch,” and show images of watches manufactured […]
Previously We Reported: No Wrongful Termination When Contract Not Renewed.
Actress brought suit for wrongful termination after her contract for a sixth season of a television show was not renewed. The trial court denied defendant’s motion for a directed verdict, and defendant sought extraordinary relief. The Court of Appeal granted the petition,
Court Abused Its Discretion In Not Renewing Restraining Order.
After a series of violent incidents, the court issued a restraining order to protect petitioner and her family. A few years later, petitioner asked the court to renew the restraining order after she spotted a vehicle outside her home, although petitioner did not know who was driving it. The vehicle was similar to the one the restrained man drives. The trial court declined to renew the restraining order because of lack of evidence.
Equal Justice Under Law As Long As You Pay For It.
Ten days prior to trial, the trial court informed the parties “the court no longer provides a court reporter for civil trials, and the parties have to provide their own reporters for trial.”
Pre-Class Certification Discovery To Seek Out A Plaintiff.
The trial court also granted plaintiff’s motion to compel discovery of the names and contact information of current and former employees.
Previously We Reported: Insurance Company Can Require Insured To Obtain Its Consent Before Assigning Interest In Policy.
One Fluor Corp. assigned its rights under liability policies to another Fluor Corp. when they underwent complex corporate restructuring. In a declaratory relief action, the liability insurer objected that its approval was not given pursuant to a consent to assignment provision in the policy. Fluor contended the provision was void under an 1872 statute which […]
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