Under Rule of Professional Conduct 1.12, a former judge may not act as counsel in connection with a matter in which the he participated personally and substantially as a judge without the informed written consent of all parties. This decision affirms an order disqualifying a former judge under this rule. It holds that any party to the proceeding in which… Read More
This decision affirms a summary judgment for Walmart on a model's claim for waiting time penalties for Walmart's failure to pay her all earned wages after each one- or two-day photo shoot. Although triable issues of fact remained as to whether plaintiff was an employee to whom Labor Code 203 applied, Walmart had established its defense of a good faith… Read More
Following City of Oakland v. BP, PLC (9th Cir. 2020) 969 F.3d 895, this decision holds that there is no federal subject matter jurisdiction over San Mateo's public nuisance suit against energy companies for promoting use of their fossil fuels thereby causing global warming and rising sea levels that threatened harm to county property. The county's state law claims do… Read More
Following Ritzen Group, Inc. v. Jackson Masonry, LLC (2020) 140 S.Ct. 582, this decision holds that an order denying relief from the automatic stay is immediately appealable so long as it finally resolves the issue of whether the movant is entitled to relief from stay on the basis on which relief was sought, even if the denial is without prejudice… Read More
In the 9th Circuit, courts apply the "primary purpose" test to determine whether an attorney-client communication for the dual purpose of tax or business advice and legal advice is attorney-client privileged. This decision affirms the district court's use of that test rather than the "because of" test used for work product protection (from the totality of the circumstances was the… Read More
In response to a contention interrogatory about whether plaintiff, the borrower, contended that notice of foreclosure had not been properly served, plaintiff answered "unsure." This decision holds that plaintiff is bound by that deliberately ambiguous answer and cannot, in opposition to a summary judgment motion, suddenly claim that she now is certain she never received notice of the foreclosure sale. … Read More
Defendant admitted negligence in an auto accident case. But the trial court correctly denied plaintiff's motion for a directed verdict on causation. Defendant's expert said only that the accident caused additional injury "if the plaintiff's testimony is believed." The jury could and did disbelieve plaintiff. Plaintiff could not complain on appeal about the wording of jury instructions since he invited… Read More
Plaintiff recovered a $157,000 judgment against defendant's corporation, then brought this independent suit against defendant claiming he was the corporation's alter ego and liable for the judgment against it. On the first appeal from judgment on the pleadings against plaintiff, the court held that a plaintiff may pursue an independent action against the alter ego based on the judgment against… Read More
An award of punitive damages was excessive where it equaled the full value of the only asset that the defendant was shown to own. It is plaintiff's burden to produce evidence demonstrating the defendant's financial condition--including both assets and liabilities. Here, plaintiff failed to present evidence of liabilities or show that defendant had more than a minimal annual income. Proof… Read More
Florida does not violate the Medicare Act by asserting a lien for 37.5% of a Medicare recipient's settlement of his claim against a third party tortfeasor for injuries treated with Medicare benefits. Under Florida law, there is a presumption that 37.5% of any personal injury settlement is paid for past and future medical expenses unless rebutted by clear and convincing… Read More
Arizona had personal jurisdiction over Pennsylvania Byzantime Catholic church officials whom plaintiff claimed had defamed it and interfered with plaintiff's contract with an Arizona Byzantine Catholic church. Under Calder v. Jones, 465 U.S. 783, 788-89 (1984), a defendant is subject to specific personal jurisdiction if he (1) commits an intentional act, (2) expressly aimed at the forum state, that (3)… Read More
Defendant was not judicially estopped from contending that a later "forbearance agreement" fully released him from obligations under an earlier "settlement agreement." In other litigation, defendant had referred to the the "forbearance agreement" as being "brief"--which could have meant short in words, not time, but in any event there was no evidence that the court in the other case had… Read More
Following Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703, this decision pays close attention to the text of Lab. Code 1102.5, but nevertheless affirms a summary judgment for the employer. First, the decision casts doubt on whether the employee who invokes section 1102.5 must actually believe what she reported was a violation of law so long as there… Read More
The FRCivP govern procedure in federal court even in diversity cases in which state law governs on substantive issues. This decision holds that Washington law requiring the filing of an affidavit with a medical malpractice complaint if the plaintiff elects not to engage in mediation before filing suit does not apply to a suit filed in federal court since FRCivP… Read More
California may impose a lien on a MediCal recipient's suit against a third party for injuries that were treated with services paid for by MediCal. The federal Medicare Act and implementing regulations do not preempt state law in this respect. However, if the recipient settles his claim with the third party defendant, the MediCal lien reaches only the amounts paid… Read More
Despite CCP 1710.40'sopen-ended list of potential defenses to a sister state judgment, under the Full Faith and Credit Clause, the statute does not and cannot create an opportunity to raise defenses to the merits of the underlying claims resolved in the sister state judgment. Thus, defenses based on a contract's arbitration, forum selection and choice of law clause could not… Read More
The trial court erred in vacating entry of judgment in California on a sister state judgment rendered in Missouri where plaintiffs lived. Missouri had personal jurisdiction over the California defendants since they had sent allegedly fraudulent communications to plaintiffs in Missouri, inducing the Missouri plaintiffs to enter into a contract for defendants' adoption services and pay defendants from Missouri. An… Read More
Under the FCRA, a furnisher of credit information must make a reasonable investigation if the consumer about whom it furnishes information to a credit reporting bureau properly protests the inaccuracy of the furnisher's information. Furnishers, unlike credit reporting agencies, may be required to investigate the legal as well as factual bases of the information it furnishes. Here, CitiMortgage continued to… Read More
CCP 340.3(a) lengthens the statute of limitations for suing a defendant convicted of a felony for the wrongful act on which the plaintiff sues. This decision holds that section 340.3(a) does not lengthen the statute of limitations for suits against those vicariously liable for the felon's wrongful act, such as his employer in this case. The decision also holds that… Read More
This decision reverses a summary judgment for defendant, finding a triable issue of fact as to whether defendant willfully violated the FCRA's requirement that an employer provide a job applicant a stand alone disclosure of its potential use of credit reports for employment screening. (15 USC 1681b(b)(2)(A).) Wilful for this purpose includes reckless conduct that increases the risk of violation… Read More
