Civil Procedure

This decision rejects plaintiff's argument that the PAGA statute violates the state constitution's separation of powers clause because it supposedly allows private citizens to seek civil penalties on the state’s behalf without the executive branch exercising sufficient prosecutorial discretion.  The contention is barred by Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 360 which held that “PAGA… Read More

Plaintiff was a nurse, employed by a staffing company, on temporary assignment to a hospital run by defendant.  Plaintiff brought separate class actions against the staffing company and the hospital for wage and hour violations.  This decision holds that the settlement and dismissal of plaintiff's suit against the staffing company did not end or preclude her suit against the defendant. … Read More

Another employee of the same defendant employer is not entitled to intervene as of right in a PAGA suit brought by a different employee of that employer in order to challenge the settlement to which the latter employee and the employer have agreed.  To intervene as of right under FRCivP 24(a)(2), a party must show (among other things) that his… Read More

The trial court erred in granting defendant school district summary judgment.  Plaintiff, a student at the district's high school was stabbed by third person when following after school sports practice, she briefly visited a Starbucks and then returned to the high school to recover her books from her school locker.  The brief diversion to Starbucks did not interrupt the school's… Read More

An employee who complains to the DLSE and seeks relief from the Labor Commissioner in a Berman hearing is entitled to back wages for the limitations period calculated backwards from the date the employee files an initial report or claim with the DLSE, not from the later date of filing a formal complaint.  Though it doesn't say so expressly, Lab.… Read More

On appeal from denial of a Gov. Code 946.6 petition for relief from denial of his government claim as untimely, the plaintiff can argue, and the court can find that the plaintiff's claim was actually timely, so no relief under section 946.6 was required.  Here, plaintiff filed a government claim within 6 months of his injury.  The defendant agency waived… Read More

The trial court did not abuse its discretion in denying defendants' motion to disqualify plaintiff's outside counsel firm, Pillsbury, on the ground that Pillsbury had hired two attorneys who eight years before had been associates at Sedgwick and while there had represented some of the defendant insurers in other coverage disputes involving different insureds.  Defendants' evidence failed to show that… Read More

Writ of mandate issued to quash service of summons on foreign battery manufacturer, LG.  LG had availed itself of a California forum through its regular sales to three electric car manufacturers of the same type of battery that plaintiff claimed injured him.  However, plaintiff failed to show that defendant's sales to the car manufacturers were related in any way to… Read More

The female complainant in a university's disciplinary proceeding against a male student for alleged sexual assault on the complainant was not an indispensable party to the male student's mandate proceeding against the university for violating his due process rights in its proceedings which resulted in disciplining him.  While the complainant had an interest in the mandate proceeding, complete relief could… Read More

An order denying a nonstatutory motion to vacate judgment is appealable if the appellant claimed that the judgment was void. Read More

A presiding judge's order denying a request by a vexatious litigant, who is subject to a pre-filing order, leave to file a new lawsuit is not an appealable order. Read More

The Federal Motor Carrier Safety Administration's 12/28/2018 order stating that California's meal and rest break statutes were "no longer" enforceable as to interstate truckers of goods preempted state law only prospectively and did not eliminate claims for missed meal and rest breaks that occurred before the order was issued. Read More

The trial court did not abuse its discretion in staying this case under CCP 410.30 on the ground of forum non conveniens.  The complaint sought a declaration regarding the plaintiffs' duty to defend and indemnify defendants under various insurance policies for opioid litigation brought against defendants throughout the country.  There was already an on-going coverage action involving plaintiff and defendant… Read More

Despite the fact that CCP 222.5(a) was amended in 2018 to provide that a trial court "shall" allow a party to make a brief statement of the case before commencement of voir dire, this decision holds that the trial judge may exercise discretion to control the content of the pre-voir dire statement, and that this judge acted within the bounds… Read More

The FAA does not preempt California law insofar as it invalidates a waiver of an employee's right to bring PAGA claims arising out of Labor Code violations that affected the plaintiff employee.  However, the FAA does preempt California law (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348 and progeny) insofar as it precludes waiver of the employee's… Read More

The trial court did not abuse its discretion in determining that neither party prevailed in this action against a subcontractor and its bonding company.  The plaintiff city won on liability but was awarded only nominal damages though it had sought $3.4 million.  The trial court could properly conclude that the win on damages was not a total victory for the… Read More

The district court correctly dismissed this 1983 action brought by entities that had interests in California Insurance Company, an entity that the California Insurance Commissioner had sued to place in conservation in a California state court due to various unapproved corporate transactions.  Under the prior exclusive jurisdiction doctrine, when a court of competent jurisdiction has obtained possession, custody, or control… Read More

Following Van Patten v. Vertical Fitness Group, LLC (9th Cir. 2017) 847 F.3d 1037, 1044-1045, this decision affirms summary judgment for defendant in this TCPA suit based on a finding that plaintiff gave his express consent to defendant's text messaging his cellphone.   A person who knowingly releases his cellphone number consents to be called at that number so long as… Read More

Plaintiff, a Russian citizen residing in Russia, obtained an arbitration award against defendant, a Russian citizen residing in California.  Plaintiff domesticated the arbitration award, securing a judgment against defendant in a federal district court in California so that plaintiff could execute on defendant's California assets.  Thereafter, defendant engaged in a series of complex domestic and foreign efforts to shelter his… Read More

This decision affirms the CFPB's judgment against CashCall under 12 U.S.C. § 5536(a)(1)(B) which prohibits unfair, deceptive or abusive acts or practices in consumer finance.  CashCall made loans to consumers at rates that were usurious under the laws of the states where they resided, attempting to circumvent those laws by a choice of Indian tribal law in its loan agreements. … Read More