An investment rating service brought an anti-SLAPP motion [Code of Civil Procedure section 425.16] in an action filed by the California Public Employees Retirement System [CalPERS] for its ratings of three structured investment vehicles [SIVs] which later collapsed and caused billions in losses. The trial court denied the motion. The appellate court affirmed, noting that the […]
Trial Court Erred In Decertifying Class Action.
After granting class certification against a retail chain that did not supply chairs to its cash register employees, the trial court granted the chain’s motion for decertification. The appellate court reversed, stating: “We conclude that, under the analytic framework promulgated by Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, [273 P.3d 513, 139 […]
Trial Court Lacked Authority To Decide Enforceability Of Arbitration Agreement.
Several years after she was hired, plaintiff signed an employment arbitration agreement. One of the agreement’s provisions stated: “The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any […]
Different Result In Similar Asbestos Case Decided A Few Weeks Later.
A case involving similar allegations was decided a few weeks later, this time with a different result. In the second case, it was the worker’s wife who was exposed to asbestos which adhered to her husband’s clothing when he worked for a railway during the 1970s. She sued on a theory of premises liability, contending […]
Life Insurance Policy In Dissolution Of Marriage Proceeding.
During a 20-year marriage, the husband used community property funds to purchase an Life Insurance Policy on his life, naming his wife as the policy’s only owner and beneficiary. The trial court ruled the Life Insurance Policy was community property because it was acquired during the marriage with community funds. The trial court awarded the Life […]
Privacy Rights Of Nonparty In Copyright Infringement Action.
Defendant operates in internet service through which users may upload and retrieve digital music files. Plaintiff brought an action in the New York trial court, alleging defendant infringed on copyrights afforded under New York common law. A nonparty publishes an online newsletter and published an article reporting an artist accused defendant of copyright infringement. Following […]
Only One CCP § 170.6 Peremptory Challenge Per Side Per Action.
A creditor added a second judgment debtor. The recently added judgment debtor filed a challenge to the judge pursuant to Code of Civil Procedure section 170.6. The previous judgment debtor had already filed a section 170.6 challenge, and the creditor sought extraordinary relief contending the court erred when it granted the second challenge. “[S]ection 170.6 […]
Court’s Limiting Trial To Ten Days Upheld.
In an action involving the certification and training of crane operators and allegations of antitrust violations, the trial judge limited the trial to ten days. On appeal, the losing party claimed it had been unable to call all of its witnesses or present rebuttal evidence and were, therefore, deprived of fair trial. Apparently lacking sympathy […]
Who Pays The Costs When Both Sides Prevail And The Judge Has Discretion?
The trial court awarded $12,731.92 to the defendant for costs after the parties placed the following settlement on the record just before a jury panel was called: “[I]n consideration for dismissal with prejudice of the two claims of breach of contract and breach of covenant, Defendant will pay Plaintiff within 10 days $23,500.” Defense counsel […]
Tentacles Of Bank Failure Reach Wrongful Termination Case.
When a bank failed, the Federal Deposit Insurance Corporation [FDIC] promptly published notices informing creditors where, when and how to file claims against the failed bank. Six months after the end of the time to file a claim, plaintiff filed his wrongful termination action against the failed bank. The takeover bank successfully moved to compel […]
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