In Lyons v. Colgate-Palmolive Co. (filed October 19, 2017, A150567), the California Court of Appeal, First Appellate District, held that a plaintiff’s testimony regarding use of a particular manufacturer’s product, joined...more
In Moore v. Mercer (filed October 21, 2016, C073064), the California Court of Appeal, Third Appellate District, ventured “down the rabbit hole into the upside-down world of health care billing” and held that evidence of the...more
The age-old doctrine of res judicata is as strong as ever in California. In Franceschi v. Franchise Tax Board, et al. (B267719, filed July 8, 2016) the California Court of Appeal Second District, held that Ernest Franceschi’s...more
In Perry v. Bakewell, (Filed 2/3/2016, No. B264027) the California Court of Appeal, Second District, held that Plaintiff’s expert witness declarations, filed in support of his opposition to defendant’s motion for summary...more
In Buchanan v. Soto (Filed 11/6/2015, No. D065652), the Court of Appeal, Fourth District, held that a deportee who held an interest in real property within the State of California was subject to personal jurisdiction in...more
In Vebr v. Culp (Filed 10/28/2015, No. G050730), the Fourth District Court of Appeal affirmed a trial court’s grant of summary judgment in favor of homeowners, where an employee of an unlicensed painting company was injured...more
11/3/2015
/ Burden of Proof ,
Contractor's License ,
Homeowners ,
Labor Code ,
Negligence ,
Negligent Supervision ,
Painting Contractors ,
Premises Liability ,
Rebuttable Presumptions ,
Respondeat Superior ,
Summary Judgment ,
Unlicensed Contractors
In Diamond v. Reshko, (filed 8/20/2015, No. A139251) the California Court of Appeal, First District, held that a defendant was entitled to introduce evidence at trial reflecting amounts paid by co-defendants in settlement of...more
In Grace v. Mansourian, (filed 8/17/2015, order published 9/15/2015, No. G049590) the Fourth District Court of Appeal held a defendant’s denials of plaintiff’s requests for admission were unjustified given the substantial...more
In O’Connor v. Uber Technologies, Inc. (Filed 09/01/2015, No. C-13-3826 EMC), the United States District Court, Northern District of California, certified a class of approximately 160,000 current and former drivers of Uber in...more
9/3/2015
/ Ascertainable Class ,
Class Action ,
Class Certification ,
Commonality ,
FRCP 23 ,
Independent Contractors ,
Misclassification ,
Numerosity ,
Predominance Requirement ,
Reimbursements ,
Tips ,
Uber
In Cooper v. Takeda Pharmaceuticals America, Inc., (filed 7/16/2015, published 8/13/2015, No. B250163) the California Court of Appeal, Second District, held a physician’s expert testimony attributing the defendant’s...more
In Moncrief v. Clark (H040098, filed July 21, 2015), the California Court of Appeal, Sixth District, held that an out-of-state attorney’s phone call and e-mail to a California attorney, pertaining to a deal between their...more
In Bermudez v. Ciolek (No. G049510, filed June 22, 2015), the California Court of Appeal, Fourth District, held unpaid medical bills, joined with expert testimony regarding their reasonableness, were properly admitted and...more
In Sherman v. Hennessy Industries, Inc. (No. B252566, filed June 18, 2015), the Court of Appeal, Second District, reversed a trial court’s grant of summary judgment in favor of a manufacturer of a brake grinding machine. The...more
In Banning Ranch Conservancy v. City of Newport Beach (filed 5/20/2015, No. G049691), the California Court of Appeal, Fourth District, held the Environmental Impact Report prepared by the City of Newport Beach for the partial...more
In Reyes v. Dollar Tree Stores, Inc. (Filed April 1, 2015, No. 15-55176) the United States Court of Appeals, Ninth Circuit, held the certification of a class triggers a new opportunity for a defendant to remove the matter to...more
In BNSF Railway Company v. Superior Court (Kralovetz) (Filed 3/27/2015, No. B260798), the California Court of Appeal, Second District, held a Delaware railroad corporation, with its principal place of business in Texas, was...more
In Keys v. Alta Bates Summit Medical Center (filed 2/23/2015, certified for publication 3/25/2015, No. A140038) the California Court of Appeal, First District, affirmed a jury verdict for Plaintiffs on a cause of action for...more
In Uriell v. Regents of UC (Filed 1/29/2015, Published 2/20/2015, No. D064098) the California Court of Appeal, Fourth Appellate District, held the testimony of an Oncology expert testifying in a wrongful death action was...more
In Kohler v. Bed Bath & Beyond (No. 12-56727, filed February 19, 2015) the United States Court of Appeals for the Ninth Circuit affirmed a grant of summary judgment in favor of a department store related to the necessary...more
In National Union Fire Insurance Co. of Pittsburgh Pa. v. Tokio Marine and Nichido Fire Insurance Co. (filed 2/4/2015, B24899 and B247258), the California Court of Appeal, Second District, held that the insurer of Costco...more
In Wright v. State of California (No. A139034, filed 1/30/2015) the First District Court of Appeal held a state correctional officer, who lived on state owned property adjacent to his place of employment, was not precluded,...more
In Velasquez v. Centrome, Inc. (No. B247080, filed 1/30/2015) the Court of Appeal, Second District, held that a trial judge’s disclosure to the panel of prospective jurors of plaintiff’s status as an undocumented alien was...more
In Harb v. City of Bakersfield (No. F066839, filed 1/23/2015), the California Court of Appeal, Fifth Appellate District, held that where a plaintiff is seeking damages only for aggravation or enhancement of an injury or...more
In Greenwell v. Auto-Owners Ins. Co. (No. C074546, Filed 1/27/2015) (“Greenwell”), the California Court of Appeal, Third Appellate District, held a California resident could not establish specific personal jurisdiction over...more
In Burdick v. Superior Court (Sanderson) (No. G049107, filed 1/14/2015), the California Court of Appeal, Fourth Appellate District, held an Illinois resident was not subject to specific personal jurisdiction in California...more