An elder abuse complaint alleging neglect is not a dispute relating to a health care provider’s “professional negligence” within the meaning of Code of Civil Procedure section 1295, so the decedent’s heirs were not bound by the provider’s arbitration agreement. Read More
When an arbitration agreement is not covered by the FAA, Courts evaluate whether the agreement’s class waiver provision is unenforceable under the four-part Gentry v. Superior Court (2007) 42 Cal.4th 443 test. Read More
The FTC Act’s common-carrier exemption is activity-based, meaning that a common carrier is not entirely exempt from FTC jurisdiction, but rather, is only exempt with respect to its common-carrier activities. Read More
Summary judgment was properly granted to a landlord on proof that experts could not tell what caused the fire that injured plaintiffs, thus negating the element of causation of plaintiffs’ negligence claims. Read More
A property owner owes no duty of care to protect patrons of a taco truck on the property against unforeseeable misconduct by a patron fleeing the scene of a collision in the parking lot. Read More
The absolute litigation privilege protects statements in a probate proceeding by an executor or administrator, and if the privilege’s application depends on undisputed facts, it may be raised for the first time on appeal. Read More
In determining whether a bankruptcy trustee has the power to set aside a fraudulent transfer, the Court must examine the transaction the trustee seeks to avoid, not the intermediate transactions that effectuated the ultimate transaction. Read More
The separation of powers forbids Congress from compelling findings or results under an old law, but not from enacting a new law that dictates the outcome of pending cases. Read More
A property owner hiring an independent contractor is not liable for injuries the contractor’s worker suffers as a result of the owner’s negligent failure to install safety features required by CalOSH regulations. Read More
International service of process by Federal Express and e-mail fails for lack of an acknowledgment of receipt; Doe defendants not served within three years must be dismissed. Read More
Party-selected appraisers are “arbitrators” within the meaning of Evidence Code section 703.5, which renders their testimony inadmissible for most purposes. Read More
A trial court retains jurisdiction to grant a motion to declare a plaintiff a vexatious litigant even after the plaintiff voluntarily dismisses the case. Read More
A defendant who is not a party to a contract or a party’s agent is liable for interfering with the contract even if the contract contemplated the defendant’s performance of a different agreement with one of the parties. Read More
Handing a plaintiff a credit card receipt bearing the credit card’s expiration date does not create a concrete injury sufficient to confer Article III standing to sue under the Fair and Accurate Credit Transactions Act (“FACTA”) Read More
Agency records containing personal information are protected under the Information Privacy Act even if not maintained in the agency’s centralized personnel records. Read More
A judgment holder seeking to take advantage of the exception to the general immunity granted by the Foreign Sovereign Immunities Act (FSIA) must identify a basis under one of § 1610's express immunity-abrogating provisions to attach and execute against a relevant property. Read More
To be protected as a whistleblower under the Dodd-Frank Act, an employee must report the information to the Securities and Exchange Commission. Read More
In deciding whether a defendant’s conduct is protected activity within the meaning of the anti-SLAPP statute, each defendant’s conduct must be analyzed separately. Read More
A government employee must pursue the employer’s administrative remedies before filing a civil action; Labor Code section 244 only allows the employee to forego remedies before the Labor Commissioner. Read More
San Francisco’s ordinance banning eviction of families with school-age children during the school year is not preempted by state law as it creates a substantive defense to eviction and does not interfere with state law unlawful detainer procedure. Read More
