News & Analysis as of

CA Supreme Court Discovery

Esquire Deposition Solutions, LLC

How Many Depositions Are Enough?

Ten is the presumptive upper limit on the number of depositions that each party may take in civil litigation in the federal courts. This number, provided by Rule 30(a)(2) of the Federal Rules of Civil Procedure, can be...more

Jackson Lewis P.C.

California Supreme Court Clarifies Discovery Limitations and Severability in Arbitration Agreements

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The California Supreme Court issued its opinion in Ramirez v. Charter Communications, affirming in part that the arbitration agreement contained some substantive unconscionability but remanding the case to determine whether...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - June 15 - July 14, 2023

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The California Court of Appeal, Fourth District, Division One, issued the following published decision...more

Faegre Drinker Biddle & Reath LLP

The California Supreme Court Shrugs Off a Settlement to Provide Important Guidance on Admissibility of Former Deposition Testimony...

We reported back in December [California Supreme Court Set to Decide How Defense Counsel Approach Defending Company Witness Depositions] on a case then pending before the California Supreme Court, Berroteran v. Superior...more

Harris Beach PLLC

California Supreme Court Decision Gives Relief to Defendants Seeking to Prevent their Prior Discovery Depositions from Being used...

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When defending litigation in one state, mass tort defendants must consider other jurisdictions’ rules. For example, while some states generally prohibit a plaintiff from using a defendant’s discovery deposition as part of...more

Faegre Drinker Biddle & Reath LLP

California Supreme Court Set to Decide How Defense Counsel Approach Defending Company Witness Depositions

The California Supreme Court will soon decide an evidentiary issue that could significantly impact how company witnesses are defended at deposition. The Court heard argument December 7 in Berroteran v. Ford Motor Co., No....more

Morrison & Foerster LLP

MoFo Japan Disputes Newsletter – 1st Quarter 2021

Welcome to Morrison & Foerster’s quarterly newsletter on dispute resolution. In this newsletter, we address recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may...more

Miller Starr Regalia

Closing the “Golden Door”: California Supreme Court Denies Petitions for Review and Depublication Request in CEQA Administrative...

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On November 10, 2020, the California Supreme Court – after briefly raising Petitioners’ hopes by extending the time to consider granting review – finally slammed the door shut on further litigation over a recent Fourth...more

Payne & Fears

Key California Employment Law Cases: July 2020

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Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020) - Summary: The ministerial exception, grounded in First Amendment’s religion clauses, barred teachers’ employment discrimination claims where teachers...more

Association of Certified E-Discovery...

[Webinar] SDPA and ACEDS OC eDiscovery Summer Refresher Session Six: Law Enforcement: CA eDiscovery Update - July 25th, 10:30 am -...

A discussion of recent current events, including how a 2020 California State Supreme court decision effects the public release of body camera footage from law enforcement agencies in California, and other important updates...more

Association of Certified E-Discovery...

Court’s Police Body Camera Opinion Highlights E-Discovery Issues

The California Supreme Court recently issued an opinion that analyzes the public disclosure of police body camera footage and demonstrates the overlap between e-Discovery processes and other records production schemes. The...more

Fisher Phillips

Supreme Court’s Decision Not To Review California’s Arbitration Framework Means We Have A Roadmap For Compliance

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The U.S. Supreme Court just did something that was more than just a bit out of character—it rejected the opportunity to find that California had once again overstepped its bounds by creating judicial rules disfavoring...more

Proskauer - California Employment Law

California Employment Law Notes - January 2018

Trial Court Erroneously Granted Bill Cosby's Anti-SLAPP Motion - Dickinson v. Cosby, 17 Cal. App. 5th 655 (2017) - After Janice Dickinson went public with her accusations of rape against Bill Cosby, Cosby's attorney...more

Snell & Wilmer

California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

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California Evidence Code section 1119 governs the general admissibility of oral and written communications generated during the mediation process. Section 1119(a) provides that “[n]o evidence of anything said or any admission...more

Proskauer - California Employment Law

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Foley & Lardner LLP

California Supreme Court Confirms that PAGA Plaintiffs Are Entitled to Broad Discovery of Other Employees’ Contact Information

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California’s Private Attorneys General Act (PAGA) allows aggrieved employees to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. On July 13, 2017, the...more

Payne & Fears

Key California Employment Law Cases: July 2017

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This month’s key California employment law cases involve wage and hour (payment of wages) and civil procedure (class and representative actions). Wage and Hour - Payment of Wages: Minnick v. Auto. Creations, Inc., 2017 WL...more

Mintz - Employment Viewpoints

Another Chapter in California’s PAGA Saga

Sounds like something our favorite attorney Bob Loblaw would be part of. In reality, the PAGA SAGA (for those of you without California employees) relates to PAGA, the acronym for California’s Private Attorneys’ General Act,...more

Kilpatrick

California Supreme Court endorses “fishing expedition” discovery under PAGA

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In its recent decision concerning the proper scope of discovery under California’s Labor Code Private Attorneys General Act of 2004 – known as “PAGA” – the California Supreme Court authorized discovery just as broad as that...more

McManis Faulkner

California Supreme Court Issues Sharp Reminder About Privacy and Discovery

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On July 13, 2017, the California Supreme Court issued its opinion in the matter of Williams v. Superior Court (Marshalls of CA, LLC) (Case No. S227228). At first glance, the opinion – which holds that an employee who brings...more

Orrick - Employment Law and Litigation

California Supreme Court Expands PAGA Plaintiffs’ Access to Statewide Discovery of Employee Contact Information

On July 13, 2017, the California Supreme Court greatly expanded the scope of discovery available under California’s Labor Code Private Attorneys General Act of 2004 (“PAGA”). In Williams v. Superior Court (Marshalls of CA,...more

Fox Rothschild LLP

Go Fish: Discovery In PAGA Actions Just Got Easier

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Brace yourself. Plaintiffs can now use representative PAGA actions as the basis for a statewide “fishing expedition” to discover alleged employer misconduct. Now, I’m a baby lawyer (or, more aptly, an almost baby lawyer)...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2017

California Supreme Court Reverses PAGA Discovery Ruling - Why it matters - On July 13, 2017, the California Supreme Court in Williams v. Superior Court (Marshalls) issued its first opinion addressing the scope of...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Reaffirms Broad Right to Discovery in PAGA Actions

The California Supreme Court issued its long awaited ruling in Williams v. Superior Court, in which it clarified the scope of discovery in actions brought under the Private Attorneys General Act of 2004, Labor Code § 2698 et...more

Jackson Lewis P.C.

California Supreme Court Clarifies Discovery Under PAGA

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Emphasizing the broad right of discovery and the remedial nature of the California Private Attorneys General Act of 2004, the California Supreme Court has ruled that, in pretrial discovery, plaintiffs under PAGA has a right...more

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