In a Facebook spat between skin care product competitors, one sued the other for defamation. Plaintiff resides in California, but defendant does not. The appellate court held that posting defamatory statements about another person on Facebook, “while knowing that person resides in the forum state, is insufficient in itself to create the minimum contacts necessary […]
Superior Court’s Order Vacating Partial Award Of Arbitrator Not Yet Appealable Because Not Final.
Plaintiff brought a private attorney general action [PAGA] alleging various employment related issues on behalf of herself and other aggrieved employees. In a separate action, filed as a class action, she alleged similar employment claims on behalf of herself and class members. The trial court declared the two actions as being related actions, but did […]
Denial Of Motion To Stay Proceedings Pending Arbitration Is Not An Appealable Order.
Defendant filed a motion to stay proceedings in the superior court pending arbitration, and the trial court denied the motion. Defendant appealed, and the Court of Appeal dismissed the appeal, stating: “[T]he trial court’s denial of the stay motion unaccompanied by any motion or petition to compel arbitration or a pending arbitration is not an […]
Arbitration: Filing A Complaint Relieves A Party From Proving The Other Party Refused.
Two businesses entered into an agreement which provided that disputes would be subject to arbitration. Plaintiff sued defendant, and defendant moved to compel arbitration. Under Code of Civil Procedure section 1281.2, a party requesting arbitration must prove the other party refused to arbitrate the controversy. The trial court denied the motion to compel on the […]
Importance Of Voir Dire.
Federal Rules of Evidence, rule 606(b)(1) states that, “a juror may not testify about any statement made or incident that occurred during the jury’s deliberations,” and subdivision (b)(2)(A) states there is an exception in that a juror may testify whether extraneous prejudicial information was improperly brought to the jury’s attention. In this negligence case, the […]
Must Go To Arbitration Even Though One Party Claims The Controversy Is Not Ripe For Adjudication.
The trial court denied a party’s petition to compel arbitration after concluding the petition failed to present an actual controversy sufficiently ripe for adjudication. Here, the parties, both of whom are sophisticated business entities, agreed to a broadly worded arbitration provision that obligates them to arbitrate “[a]ny and all disputes, controversies or claims arising under […]
“Any Fool Can Make A Rule, And Any Fool Will Mind It.” Henry David Thoreau.
The parties involved with a foreclosure sale stipulated to the appointment of a temporary judge. Had California Rules of Court [CRC], rule 2.400 (b)(2) been followed by the parties, the result here would likely have been different. That rule requires that a temporary judge or referee must not accept or consider any copy of a […]
Defendants’ Appeal Dismissed After Violation Of Trial Court’s Orders Relating To Transfers Of Money.
After a large judgment in favor of plaintiffs in a fraud action, defendants appealed. The trial court had enjoined defendants and their agents from selling, spending, transferring or dissipating any part of their assets. When plaintiffs learned defendants violated the orders, they filed a motion to dismiss defendants’ appeal under the doctrine of disentitlement, identifying […]
Vexatious Litigant Order Reversed.
A state prison inmate was declared a vexatious litigant and when he failed to furnish security in his pending case, the trial court dismissed it. On appeal, the prisoner argued that five of the actions which the trial court considered in determining he was a vexatious litigant, were not “litigations . . .finally determined adversely” […]
Even In Brave New World Class Action, A Defendant Only Has To Pay One Time.
The company is called IntelliGender, and it manufactures a Prediction Test that indicates the gender of a fetus: green for a boy and orange for a girl. A class action alleged violations of California’s unfair competition and false advertising laws. As it appeared there would be a settlement, notice of the settlement was sent to […]
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