Substantial evidence supported the trial court's decision finding that the defendant care facility's arbitration agreement was unenforceable against a patient's heirs because the patient, who had suffered a stroke days before signing the agreement, lacked the mental capacity to contract when he signed the form. Read More
Following Ajamian v. CantorCO2e, LP (2012) 203 Cal.App.4th 771, this decision holds that an arbitration clause that merely calls for arbitration of all disputes arising under the agreement but does not specifically mention disputes about arbitrability issues fails to meet the "clear and unmistakable" standard for delegation of arbitrability questions to the arbitrator. It also follows Ajamian in folding that… Read More
Plaintiff, a surfer, alleged viable claims against the city for violating the California Coastal Act by (a) allowing the Bay Boys (a group of local residents who threatened or engaged in violence to keep others from using the prime surfing site, Lunada Bay) to erect and keep in place a "Rock Fort" on the beach, from which they sallied forth… Read More
On remand from the Supreme Court, this Court of Appeal decision affirms the trial court's decision not to award statutory penalties under either Lab. Code 203 (failure to pay wages on termination of employment) or 226 (wage statements) for the employer's failure to pay and include in the wage statement, premium pay for missed meal breaks. Under the statutes, the… Read More
Under 11 U. S. C. §523(a)(2)(A), a bankrupt may not discharge a debt for money, etc., to the extent obtained by false pretenses, a false representation, or actual fraud. This decision holds that a fraud debt is nondischargeable even if the bankrupt did not commit the fraud but is held vicariously liable under state law for the fraud as a… Read More
Under the FLSA, an employer need not pay overtime pay to employees who work in a bona fide executive, administrative, or professional capacity. Dept. of Labor regulations impose three tests for the exemption's applicability, one of which is that the employee must be paid on a "salary basis." This decision holds that the regulation defining "salary basis" requires that the… Read More
Summary judgment for defendant employer was reversed in this disability discrimination in employment case. Defendant tentatively decided to lay plaintiff off before she became disabled, but didn't follow through with that decision until after plaintiff suffered a disabling injury. Plaintiff produced sufficient evidence to raise a triable issue of fact as to whether defendant's concern with plaintiff's disability led to… Read More
An equitable servitude may be created in personal property by agreement. (Nadell & Co. v. Grasso (1959) 175 Cal.App.2d 420.) Here, the Academy of Motion Picture Arts & Sciences, which confers Oscars, created an equitable servitude in the statuettes (the Oscars) it distritubes to winners of its prize. The servitude allows the Academy to repurchase the statuette if the winner… Read More
Part of the Healthy Workplaces, Healthy Families Act of 2014, Lab. Code 248.5(e) provides that “any person or entity enforcing this article on behalf of the public as provided for under applicable state law shall, upon prevailing, be entitled only to equitable, injunctive, or restitutionary relief ." This decision holds that "enforcing this article on behalf of the public" refers… Read More
The court that wrote Inns-by-the-Sea v. California Mutual Ins. Co. (2021) 71 Cal.App.5th 688 affirms summary judgment for the defendant insurer in the COVID-19 case. While the plaintiff introduced sufficient evidence to show that COVID-19 airborne particles might have caused physical damage to the motel, the plaintiff couldn't show that its business losses were due to that contamination rather than… Read More
The district court correctly dismissed this suit, invoking Younger abstention. Plaintiff sought to enjoin the defendant district attorney from prosecuting it in state court for employing a vendor to make harassing collection calls in violation of state law. The four Younger factors all weighed in favor of abstention. The state action was ongoing as no proceedings of substance had yet… Read More
Under the state's False Claims Act and Insurance Frauds Prevention Act, a qui tam plaintiff must file the complaint under seal and send it to the Attorney General or Insuance Commissioner and district attorney. Only after those entities decide not to intervene and take over prosecution of the action may the plaintiff serve the defendant(s) and proceed to litigate the… Read More
This decision tries to make sense of arbitration of PAGA claims in light of Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. It holds that an arbitration clause's waiver of the right to bring PAGA claims is still unenforceable as against public policy, but that waiver can be severed from the rest of the arbitration clause, leaving the… Read More
A lawyer has a duty to a nonclient third party only if the client’s intent to benefit that third party (in the way the third party asserts in their malpractice claim) is “clear,” “certain” and “undisputed.” Signs of the client's intent do not meet that high standard if there is ground for dispute as to whom the client wished to… Read More
Summary judgment was properly granted to defendant in this case. Plaintiff's decedent was employed by an independent contractor defendant hired for highway repairs. The contract with the contractor expressly delegated maintaining worker safety to the contractor. That the defendant retained authority to approve work quality and acceptability and the manner of performance of the work did not change the applicability… Read More
Under the 2019 Tenant Protection Act (Civ. Code 1946.2), a landlord may not terminate the tenancy of a tenant who has occupied the premises for more than 12 months absent "just cause." Under section 1946.2(b)(1)(K), "just cause" includes the tenant failing to move out after having given the landlord written notice of the tenant's intention to terminate the tenancy or… Read More
The district court properly enforced defendant’s arbitration clause. The online terms of use adequately identified defendant as a party to the agreement by referring to its dba. The terms of use were presented on the website in a manner that was between click wrap and browse wrap but adequately informed the user of the terms' existence and availability for review… Read More
Post-Morgan v. Sundance, prejudice to the plaintiff is no longer a factor to be considered in determining whether a defendant waived arbitration by litigating a dispute in court. The burden of proving waiver is no longer heavy either. The plaintiff need only show (1) the defendant's knowledge of an existing right to compel arbitration and (2) intentional acts inconsistent with… Read More
This decision affirms an Anti-SLAPP dismissal of a malicious prosecution action against a mandatory reporter of elder abuse for an allegedly knowingly false report of elder abuse by plaintiff, accusing her of attempting to kill an elder by smothering him with a pillow. Plaintiff also claimed that defendant then coerced the elder into corroborating the false report, leading to criminal… Read More
This decision affirms the granting of a defendant law firm's Anti-SLAPP motion to strike a malicious prosecution action against it, finding the firm had probable cause to name a citizens group and some of its individual members as defendants in a quiet title action that sought to confirm the law firm's client's ownership of water rights in a creek. The… Read More
