Pursuant to an arbitration clause located on a “Terms of Use” hyperlink on its website, the national bookseller defendant petitioned to compel arbitration in a class action alleging deceptive business practices. The district court denied the petition, finding plaintiff did not unambiguously manifest assent to the arbitration provision contained on the website. The Ninth Circuit […]
If A Tree Falls On A House And No One Is Around To Prune It, Does It Make A Lawsuit?
During a windstorm, a tree owned by a City fell on a residence. As a result of the damage caused to the house, the homeowner’s insurer paid benefits for the damage under the homeowner’s insurance policy. The insurer then sued the City for inverse condemnation and nuisance based on the damages caused by the tree. […]
Unloading Injured Passenger Constitutes “Use” Within Meaning Of Insurance Code Section 11580.1.
A passenger in a car that stopped at the scene of an automobile collision feared a person might be in danger of being further injured in an explosion because the wrecked car was smoking and leaking fluid. She grabbed the person inside and physically removed her from the car. The woman who was removed from […]
Denial Of Class Certification Motion Reversed.
In opposing class certification in a wage and hour case involving the potential of 53 class members, defendant produced 38 settlement agreements with putative class members, most of which provided they “released” defendant “from any and all liability” as well as 24 arbitration agreements with putative class members. The trial court found that a proposed […]
You Have A Fifth Amendment Right To Remain Silent….After You Speak Up.
A criminal defendant who had been drinking and speeding caused a collision which resulted in one child’s death and serious injuries to another child. During its case in chief, the prosecution gave much emphasis to the defendant’s failure to inquire about the occupants of the other vehicle as evidence that he was driving without due […]
Demurrer Procedures Explained.
In a wrongful termination action, the trial court sustained defendant’s demurrer. On appeal, the plaintiff contended the defendant’s demurrer, filed 29 days after the second amended complaint [SAC] was filed, was untimely because defendant had only ten days to file it pursuant to California Rules of Court, Rule 3.1320(j). Code of Civil Procedure section 471.5, […]
Summary Judgment Affirmed On Fraud Causes Of Action.
Cross-complainant purchased Blackacre. After close of escrow, the owners of the adjacent property, Whiteacre, claimed easement rights across Blackacre and sued to quiet title. The dispute concerned the use of a paved driveway between two commercial properties which had been openly and notoriously used by Whiteacre for years. The owner of Blackacre cross-complained for concealment/suppression […]
Insurance Company Ordered To Turn Privilege Documents Over To Its Own Attorneys.
In a wrongful termination action, an insurance company defendant withheld or redacted documents requested on the ground they contain privileged or confidential information. Further, the insurance company insisted parties could not disclose the information, even to their own attorneys in the case. The superior court ordered the document in each party’s possession could be disclosed […]
Motion To Compel Arbitration Denied.
In a breach of personal service suit, the trial court denied defendant employer’s petition to compel arbitration. The collective bargaining agreement’s grievance procedure consists of three steps. Step 1 allows the union or an employee to resolve a grievance by discussion with the supervisor. Step 2 permits resolution of the grievance if the union is […]
Trial Court Erred In Denying Motion For Class Certification.
Plaintiff filed a putative class action against Home Service on behalf of customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. He alleged causes of action for violation of Labor Code section 2802; unfair business practices under Business and Professions Code section 17200 et seq.; declaratory relief; […]
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