Affirming an order certifying a class in this CLRA action for falsely advertising that defendant's dog food promoted healthy joints in dogs, the Ninth Circuit holds that the district court did not err in holding that damages were a common issue based on an expert's report showing how a study could be conducted to determine how much average consumers valued… Read More
The trial court correctly denied defendant's Anti-SLAPP motion in this defamation case. Plaintiff and defendant were each owners of units in a six-unit building governed by an HOA. Defendant sent his defamatory statements to the building's other owners. After an extensive analysis of the content and context of the defamatory messages, the Court concludes they were just part of a… Read More
To achieve the status of a bona fide purchaser of real property without notice of adverse claims, the purchaser must conduct research with due diligence to see if the title it is planning to acquire is good, and heed any warning signs its research reveals. The purchaser may not ignore information that comes to it from outside the recorded chain… Read More
Plaintiff chose to read aloud various Bible passages which he thought were anti-homosexual during and near gay pride parades. The paraders and their sympathizers heckled plaintiff and then some began assaulting him. For his own safety, the police told him to move away from the parade and arrested him when he refused to do so. Held, the police violated plaintiff's… Read More
Even if an employee signed an arbitration agreement with the employer, the employee can avoid arbitrating a PAGA claim by simply not bringing one on her own behalf. The employee has standing to sue on PAGA claims on behalf of other employees so long as she was an employee and was subjected to at least one of the Labor Code… Read More
Defendant waived the right to compel arbitration of individual PAGA claims by plaintiff and class members. Even if the defendant got a second chance to compel arbitration when the US Supreme Court decided Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. 639 and 24 class members signed arbitration agreements with defendant in 2022, it waited nearly a year (and… Read More
The trial court erred in denying defendant's Anti-SLAPP motion against plaintiff's malicious prosecution claim based on criminal charges that the public prosecutor brought against plaintiff. Though defendant initiated the criminal proceeding with a complaint to the police, the undisputed evidence showed that the police carried out an independent investigation which, though it began with interviews with defendant's employees, went a… Read More
Rule 10b-5 proscribes untrue statements of a material fact or omissions to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading. This decision holds that "pure omissions" do not violate the regulation. A pure omission occurs when a speaker says nothing, in circumstances that… Read More
FAA section 1 (9 USC 1) exempts contracts of employment of seamen, railroad employees and other workers in interstate or foreign commerce from the FAA's other provisions. This decision holds that the exemption's focus is on the work performed by the employee, not the industry in which the employer is engaged. Even if the employer is not in any transportation… Read More
Summary judgment on plaintiff's discrimination in employment claims was properly granted because he failed to exhaust his administrative remedies with the FEHA and EEOC. His administrative complaint mentioned entirely different grounds (sex and whistleblower retaliation by his supervisor) than his court complaint (sexual harassment, race, immigration status and retaliation by coworkers). Employees satisfy the administrative exhaustion requirement if their court… Read More
Defendant fired plaintiff wrongfully in 2018 thereby disentitling plaintiff to stock options he would otherwise have held in 2020 when defendant went public with an IPO, guaranteeing a profit on exercise of the stock options. This decision holds that plaintiff's breach of contract damages need not be measured as of the date of breach (2018) but may properly be measured… Read More
The forum defendant rule under 28 USC 1441(b)(2) is a procedural, not a substantive bar to removal jurisdiction and so must be raised by a remand motion brought within 30 days of the filing of the removal notice or it is waived. Here, the remand motion was filed on the 31st day after the removal petition. Nevertheless, it was timely… Read More
Following Brock v. Kaiser Foundation Hospitals (1992) 10 Cal.App.4th 1790 and not Preston v. Kaiser Foundation Hospitals (1981) 126 Cal.App.3d 402, this decision holds that once a trial court grants a motion to compel arbitration, it retains only vestigial jurisdiction which does not extend to making any substantive rulings on the parties' claims or defenses. Hence, the trial court lacks… Read More
Following California DUI Lawyers Assn. v. California Department of Motor Vehicles (2022) 77 Cal.App.5th 517, this decision holds that an individual is entitled to a new hearing before a non-conflicted DMV hearing officer only when the record of the administrative proceedings before the original hearing officer shows that that officer in fact acted as an advocate/prosecutor rather than merely as… Read More
In this case, an ambulance EMT challenged the constitutionality of Prop. 11 (Lab. Code 880 et seq.) which made ambulance employees remain reachable by a communication device during meal breaks and made that rule retroactive. Plaintiff sought a ruling from a second Court of Appeal after the Fourth District upheld the measure in Calleros v. Rural Metro of San Diego,… Read More
Plaintiff, a guest in defendant's hotel, fell and hurt herself when the handheld shower head came apart in her hand. This decision affirms a summary judgment for defendant because (a) plaintiff failed to raise a triable issue of fact as to whether defendant had actually knew or had reason to suspect that the shower head was defective or dangerous and… Read More
Under 15 U.S.C. 1119, a court in a trademark infringement action has jurisdiction to invalidate a trademark application of a party to the action. Lack of a bona fide intent to use a mark in commerce is a valid basis to challenge a trademark application. Read More
To pass 5th Amendment restraints on public taking of private property, a condition that a government entity imposes on a permit for development of private property must have an “essential nexus” to the government’s land-use interest and have “rough proportionality” to the development’s impact on the land-use interest. This decision holds that those tests apply to any condition imposed on… Read More
FAA section 2's exception for contracts of employment for workers in interstate commerce does not apply to or exempt business entities or commercial contracts from the FAA even if they are engaged in interstate commerce. Plaintiff was a sophisticated business. So delegation of arbitrability questions to the arbitrator in accordance with the chosen AAA Rules was not unconscionable. Accordingly, it… Read More
Plaintiff signed an arbitration agreement when she was initially employed by defendant on an at-will basis. That period of employment ended. Plaintiff was rehired four months after terminating her original employment. On rehiring plaintiff, defendant did not require her to sign a new arbitration agreement or say anything about reviving the old one. Held, the trial court's conclusion that there… Read More
