Following Wiley v. County of San Diego (1997) 19 Cal.4th 532, this decision affirms dismissal of a malpractice complaint against a criminal defense attorney. The plaintiff alleged that due to the attorney's negligent representation, plaintiff ended up agreeing to pay civil tax fraud penalties as part of a plea bargain in a criminal tax fraud prosecution. To sue the defense… Read More
Following Kim v. Reins Internat. California, Inc. (2020) 9 Cal.5th 73, this decision holds that the fact that the plaintiff's individual claim is time-barred does not prevent him from bringing a PAGA action to collect civil penalties as to the employer's Labor Code violations as to other employees within the limitations period. Lab. Code 2699(c) requires only that the plaintiff… Read More
Disney entered into a contract with Gilkyson for him to compose the song "The Bare Necessities." The contract provided that the song would be a work-for-hire to which Disney would own the copyright. Disney was to pay Gilkyson $1,000 up front, plus 5 cents for each sheet music copy sold and "50% of the net amount received by our music… Read More
Like several other decisions, this one concludes that later U.S. Supreme Court opinions have not overruled or cast doubt on Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348. It remains true that an employer cannot compel an employee to arbitrate a PAGA claim and that the FAA does not preempt that rule. Read More
Under Parker Drilling Management Services, Ltd. v. Newton (2019) 139 S.Ct. 1881, state law supplements federal law governing matters on the outer continental shelf only to the extent that there is a gap in federal law. If federal law already addresses the issue, it excludes state law. This decision holds that the FLSA addresses the issue of meal and rest… Read More
Under CCP 2025.295, the deposition of a plaintiff can take no longer than 7 hours if (a) the action is for injury or illness from mesothelioma, and (b) a doctor certifies that the plaintiff suffers from mesothelioma raising a substantial medical doubt that plaintiff will survive beyond six months. If more than 20 defendants appear at the deposition, the court… Read More
The trial court did not abuse its discretion in denying plaintiff's motion for an attorney fee award on the ground that neither party had prevailed in the action. Plaintiff tenant sued his landlord, asked the jury to award him $200,000 but recovered a jury verdict of only $6,450. In view of plaintiff's recovery of such a small percentage of the… Read More
To validly register a trademark with the USPTO, the applicant must file a declaration attesting that the mark is in use in commerce, by which is meant bona fide use of the mark in the ordinary course of trade, and not made merely to reserve a right in a mark. Use in commerce requires both actual use and display of… Read More
The res judicata/collateral estoppel effect of a post-foreclosure unlawful detainer judgment extends only to proper conduct of the trustee's sale, not to claims of earlier wrongs committed by the lender that purportedly led eventually to the foreclosure. Thus, here, the unlawful detainer judgment against the borrowers did not preclude them from later suing on a claim that the lender had… Read More
Trader Joe's label on honey saying "100% New Zealand Manuka Honey" was not false advertising in violation of the UCL. Under FDA honey guidelines, a honey label may indicate the flower of origin of the honey if the producer has reason to believe that the designated flower is the chief floral source of the honey. Here, Trader Joe's had evidence… Read More
The trial court did not abuse its discretion in deeming plaintiffs the prevailing parties, entitled to an attorney fee award under Civ. Code 5975(c). Plaintiffs sued their homeowners association, claiming it had not complied with the CC&Rs' requirement for homeowner approval in connection with its plan to erect a traffic light at the gate immediately adjacent to plaintiffs' property. After… Read More
If an employer fails to give its employee the required 10-minute rest breaks or 30-minute meal break, it owes the employee an hour's premium pay calculated at the employee's "regular rate of compensation." Lab. Code 226.7(c). This decision holds that "regular rate of compensation" has the same meaning than "regular rate of pay" used to compute overtime compensation. Lab. Code… Read More
The 2017 Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’ Bill of Rights Act violates the First Amendment rights of staff members of long term care facilities by imposing criminal penalties on them for repeatedly referring to a facility resident by other than the resident’s preferred name or pronoun when clearly informed of the name and pronoun. (H&S Code… Read More
Following Lamps Plus, Inc. v. Varela (2019) 139 S.Ct. 1407, this decision holds that at least when its application would change a fundamental attribute of arbitration, the construction against drafter rule is preempted by the FAA. So, in this case, an ambiguity introduced by the Spanish translation's mistaken reference to nonbinding, instead of binding, arbitration could not be resolved against… Read More
Under CCP 12, courts must use the "anniversary method" of computing statutes of limitation periods, excluding the first day of the period and including the last (unless it is a holiday or weekend). Thus, for a personal injury suit by a minor, the limitations period begins on the minor's 18th birthday. That day is excluded, and the 2-year personal injury… Read More
Narrowly interpreting and correcting Copenbarger v. Morris Cerullo World Evangelism, Inc. (2018) 29 Cal.App.5th 1, this decision holds that proof of attorney fees as damages under the tort of another doctrine follows the same rules of proof of other types of expenses as damages. The plaintiff's testimony that she received and paid the bill is sufficient prima facie proof of… Read More
The trial court correctly denied defendant's Anti-SLAPP motion in this qui tam insurance fraud action against a doctor for preparing fraudulent patient medical reports and billing statements in support of insurance claims. The billing statements and medical reports were prepared in the ordinary course of the doctor's business and not in serious contemplation of lawsuits, so they were not protected… Read More
Under 31 U.S.C.§ 3730, the government may dismiss a federal False Claims Act case despite the objection of the relator who filed it. The DC Circuit has held that the executive branch wields unreviewable discretion in choosing to dismiss a False Claims Act suit. (Swift v. United States (D.C. Cir. 2003) 318 F.3d 250, 252.) The Ninth Circuit holds that… Read More
When a plaintiff voluntarily dismissed part of its case without prejudice well in advance of the district court's involuntary dismissal of the rest of the suit with prejudice, the judgment of dismissal is appealable (see Schoenfeld v. Babbitt (11th Cir. 1999) 168 F.3d 1257, 1265–66) even though it would not be if the voluntary dismissal came after the court's ruling… Read More
Gov. Code 831.7 immunizes governmental entities from liability for any injury arising out of a hazardous recreational activity. This decision holds that unlike Gov. Code 846 which applies only to premises liability claims, section 831.7 more broadly immunizes government entities from claims whether for hazardous conditions of property or employee negligence in connection with hazardous recreational activities. The decision also… Read More
