Miranda v. Selig
Baseball’s antitrust exemption barred an antitrust suit by minor league players claiming teams illegally colluded in setting their salaries. Read More
Baseball’s antitrust exemption barred an antitrust suit by minor league players claiming teams illegally colluded in setting their salaries. Read More
The trial court did not abuse its discretion by allowing plaintiff to withdraw two mistaken admissions, but assessing him more than $8000 in attorney fees allegedly incurred by defendant as a result of the withdrawn admissions. Read More
A mother is not bound by a pre-filing order that applies to her vexatious-litigant son, since her own filing sought relief on behalf of herself as well as the son. Read More
The attorney-work product privilege in documents prepared by a law firm’s employee-attorney while representing the law firm’s client is held by the law firm, not the employee-attorney who prepared the documents. Read More
If a party seeks a contractual attorney fee award as an adjunct to a judgment, the court determines the fee award on motion after entry of judgment; but if the party instead seeks attorney fees as an item of damage in a suit on the contract, the claim is an ordinary contract claim on which there is a right to… Read More
Under Title II of the Americans with Disabilities Act, public entities are required to make public rights-of-way, pools, libraries, parks, and recreational facilities readily accessible to and useable by mobility impaired persons. Read More
Employee’s introduction of evidence of discriminatory remarks by an upper-level supervisor should have enabled him to survive summary judgment on his claim for discriminatory termination due to his sexual orientation, even though employer also introduced evidence of a non-pretextual non-discriminatory motive as well; mixed motives do not absolve the employer. Read More
An employee may sue his employer's outside counsel for conspiring with Immigration & Customs Enforcement to have him deported as an unregistered alien in retaliation for his having filed suit against the employer alleging a violation of the Fair Labor Standards Act. Read More
A California Vehicle code section requiring police to impound a car for 30 days when it is driven by an unlicensed driver is an unconstitutional seizure violating the Fourth Amendment since there is no justification for retaining the car after a licensed owner claims it. Read More
Defendant movie studio’s Anti-SLAPP motion was properly denied as plaintiff’s implied-in-fact contract claim was based on the unprotected act of not paying him for his story idea, not on the protected act of producing the film based on his idea. Read More
California cannot exercise personal jurisdiction over non-residents’ claims against a foreign corporation merely because the corporation engaged in the same conduct in California as to resident plaintiffs. Read More
Senior citizen who held controlling interest in corporate borrower could not state elder abuse claim against lender that foreclosed on borrower; the senior citizen suffered only derivative harm; any damage claim belonged solely to the corporate borrower. Read More
The federal Age Discrimination in Employment Act applies to all state and local government agencies without regard to the number of workers they employ, though it applies to private employers only if they have 20 or more workers. Read More
Summary judgment for insurer on bad faith claim is reversed due to a triable issue as to whether insurer’s dispute about the claim amount was genuine since the insurer had not updated its medical expert’s opinion based on new evidence of the extent of the insured’s injuries. Read More
State statute violated the First Amendment by forbidding registered sex offenders from accessing websites if the site allows minors to be members, because the prohibition was not sufficiently narrowly tailored to the state’s interest in protecting minors. Read More
The prohibition on trademarking offensive or disparaging marks—here, an Asian dance rock band called “The Slants”—violated the First Amendment, since the prohibition serves no substantial governmental interest and is not narrowly drawn. Read More
A borrower lacks standing to challenge foreclosure based on late assignment of the loan to a securitized trust as breach of the trust agreement renders the assignment voidable, not void, the borrower is not a third party beneficiary of that agreement, and the defects do not harm the borrower who would be foreclosed anyway. Read More
Post-1972 public use of non-coastal land for any purpose cannot ripen into a prescriptive easement or implied dedication of the property. Read More
An order denying a motion to vacate judgment is a separately appealable order, even if the issues raised on appeal overlap issues that the appellant could have or did raise on an appeal from the underlying judgment. Read More
CCP 580d does not bar a creditor from suing a borrower to collect on a note secured by a junior lien that was extinguished by a non-judicial foreclosure of a senior lien, even if the creditor also held the senior lien on which it non-judicially foreclosed. Read More