The obvious preference for the average person is never to be involved in litigation. For those forced to become party to a lawsuit, however, the dream then becomes prevailing on a motion for summary judgment. With such a...more
Q: I am a receiver for a partnership. I was appointed pursuant to a stipulation between the current partners and a secured creditor. After an extensive investigation, I have sued the former managing partner and her mother to...more
Since its enactment, California courts have universally established the California Code of Civil Procedure section 1281.97 et seq., which governs the timely payment of fees in arbitration, allows no room for error....more
The FAA preempts California’s Code of Civil Procedure section 1281.97, which requires employers to pay arbitration fees within 30 days of the due date or return the case to court, a state appellate panel has ruled....more
California’s anti-SLAPP statute (Code of Civil Procedure section 425.16) aims to protect defendants from meritless lawsuits designed to chill “protected activity” — i.e., the exercise of rights of petition (litigation) or...more
California lawmakers released their proposed amendments to California’s Private Attorneys General Act (“PAGA”) in two companion bills: SB 92 and AB 2279. The legislature must vote on the bills by June 27. While the...more
Garcia v. Stoneledge Furniture LLC, 102 Cal. App. 5th 41 (2024) - Summary: Although parties may delegate questions regarding the validity of an arbitration agreement to the arbitrator, the delegation presupposes the existence...more
Arbitration agreement enforcement continues to take up California court space. Recently, a wave of cases highlights for restaurant and food service industry and other employers the importance of timely payment of arbitrator...more
A foreclosure sale purchaser attempting to evict a tenant on the property can encounter pitfalls, as made clear in a series of court cases in recent years. Here is a summary, capped by an update on a recently filed opinion: ...more
The Empire Struck Back last week when the California Court of Appeal held that the state’s latest back-door attempt to outlaw employment arbitration by any means necessary is preempted by the Federal Arbitration Act (FAA). ...more
In BTTHM Berkeley, LLC v. Johnston (No. A163300, filed March 28, 2024 and certified for partial publication), the California Court of Appeal, First District affirmed a trial court’s grant of a motion to enforce a settlement...more
In Gramajo v. Joe’s Pizza on Sunset, Inc., Case Nos. B322992/B323024 (Cal. App. Mar. 25, 2024), the California Court of Appeal held that employees who win in court on a claim for minimum or overtime wages must be awarded at...more
On February 27, 2024, the California Second District Court of Appeal issued an opinion in Jacob Ayers v. FCA US, LLC (B315884), in which it reversed the Los Angeles County Superior Court’s cost judgment following the...more
The California Court of Appeals recently revisited the issue of the draconian deadline for paying arbitration fees established by California Code of Civil Procedure section 1281.97. In Suarez v. Superior Court of San Diego...more
Until recently, California courts were split on whether Private Attorneys General Act (“PAGA”) claims could be dismissed for a lack of “manageability” – referring to the practicality of effectively conducting a trial on the...more
In Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court jump-started 2024 with a boon to employees, ending trial courts’ inherent authority to dismiss unmanageable claims under the Private Attorneys’ General...more
Parties in California state court employment lawsuits and other actions may now deploy a potent new discovery tool. New demands for disclosure may be used in employment litigation and other lawsuits, with exceptions, filed in...more
Obligations reduced to a promissory note are often accompanied by a written guaranty. The law treats the guaranty as an independent obligation. A case recently decided by California’s First District Court of Appeal —...more
The California Occupational Safety and Health Appeals Board (OSHAB) recently issued two decisions of interest to employers in California. In In re Calvary Chapel of San Jose, the Board examined issues concerning an inspection...more
Over the past few years, this blog has followed the California Legislature’s concerted efforts to vitiate employment arbitrations in the state. Senate Bill 365 is the next in line....more
The California Court of Appeal, Fourth District, Division One, issued the following decision on October 17, 2023: FCM Investments, LLC v. Grove Pham, LLC, et al., Case No. D080801: Though an agreement to privately...more
In a key move to further expand consumer data rights, California Gov. Gavin Newson signed The Delete Act (S.B. 362) (the Act) into law on October 10, 2023. The Act amends California’s data broker registration law (Cal. Civ....more
A California semiconductor manufacturer cannot pursue in court its claims of trade secret misappropriation against a rival company while simultaneously arbitrating the same claims against the allegedly larcenous employee, a...more
In a December 2018 post, Money and Dirt covered a California Supreme Court case — Dr. Leevil, LLC v. Westlake Health Care Center — in which the Court held: “an owner that acquires title to property under a power of sale...more
On October 10, 2023, California Governor Newsom signed into law S.B. 365, a bill that amends California Code of Civil Procedure Section 1294. The new law provides that when a party appeals an order denying a motion to compel...more