News & Analysis as of

Split of Authority CA Supreme Court

Downey Brand LLP

California Supreme Court Clarifies Time to Appeal Writ Decisions

Downey Brand LLP on

In Meinhardt v. City of Sunnyvale (2024) 16 Cal.5th 643 (“Meinhardt”), the California Supreme Court resolved a split in authorities over a procedural matter that will give CEQA litigants some certainty about when an appeal...more

Venable LLP

Estrada v. Royalty Carpet Mills, Inc. - California Supreme Court Clarifies Trial Courts' Power to Manage PAGA Claims

Venable LLP on

On January 18, 2024, the California Supreme Court issued its long-awaited opinion in Jorge Luis Estrada et al. v. Royalty Carpet Mills, Inc., resolving a court of appeal split between the Second District (Wesson v. Staples...more

Jackson Lewis P.C.

California Supreme Court Rules Trial Courts Lack Authority to Strike PAGA Claims Based on Manageability

Jackson Lewis P.C. on

On January 18, 2024, the California Supreme Court issued its opinion in Estrada v. Royalty Carpet Mills. In the Estrada decision, the California Supreme Court resolved a split of authority on the issue of whether trial courts...more

K&L Gates LLP

California Supreme Court Allows Unmanageable PAGA Claims to Survive Challenge

K&L Gates LLP on

On 18 January 2024, the Supreme Court of California (Court) unanimously held that trial courts lack inherent authority to dismiss with prejudice claims brought under the Labor Code Private Attorneys General Act of 2004 (PAGA)...more

Clark Hill PLC

California Supreme Court Holds That Unmanageable PAGA Claims Cannot Be Dismissed

Clark Hill PLC on

Now That California Courts Have Been Stripped of Authority to Dismiss Unmanageable PAGA Claims, How Will Employers Manage PAGA Litigation? The California Supreme Court, on Jan. 18, issued its decision in Estrada v. Royalty...more

Patton Sullivan Brodehl LLP

California Supreme Court: Penal Code Section 496(c) Can Apply To Business Disputes

In a long-awaited opinion — Siry Investment, L.P. v. Farkhondehpour — the California Supreme Court held that California Penal Code section 496 can apply to a business dispute. The opinion resolves a split of authority among...more

Sheppard Mullin Richter & Hampton LLP

Split of Authority Emerges Regarding Whether Employers Can Dismiss PAGA Lawsuits on Manageability Grounds

On March 23, 2022, the California Court of Appeal for the Fourth District in Estrada v. Royalty Carpet Mills, Inc., ruled that courts do not have authority to strike a claim under the Private Attorneys General Act (“PAGA”)...more

Akin Gump Strauss Hauer & Feld LLP

Split of Authority Develops in California Court of Appeal Over PAGA Manageability Requirement

On March 23, 2022, in Estrada v. Royalty Carpet Mills, Inc., the California Court of Appeal, held that “a court cannot strike a PAGA claim based on manageability.” This decision creates a split of authority with Wesson v....more

Patton Sullivan Brodehl LLP

Penal Code Remedies for LLC Misappropriation?

Can the sledgehammer remedies of California Penal Code section 496 — treble (triple) damages and attorney fees — apply for misappropriation of an LLC’s property? The California Supreme Court is set to answer that question...more

Holland & Knight LLP

California Supreme Court Confirms Unpaid Wages Not Recoverable as "Civil Penalties" Under PAGA

Holland & Knight LLP on

In ZB, N.A., and Zions Bancorporation v. Superior Court of San Diego County, No. S246711, __ Cal. 5th __, 2019 WL 4309684 (Cal. 2019) (ZB), the California Supreme Court held on Sept. 12, 2019, that California's Labor Code...more

ArentFox Schiff

CA Supreme Court: Employees Cannot Bring Claims for Unpaid Wages Under PAGA

ArentFox Schiff on

In resolving a growing split among California courts, the California Supreme Court in ZB, N.A. v. Superior Court faced the issue of whether actions for unpaid wages under Labor Code section 558 brought under the Private...more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Holds That Unpaid Wages Are Not Recoverable Under PAGA

• On September 12, 2019, in ZB, N.A. v. Superior Court (Lawson), Case No. S246711, the California Supreme Court held the Private Attorneys General Act (PAGA) does not allow recovery of unpaid wages under Labor Code Section...more

Patton Sullivan Brodehl LLP

When the Same Lender Has Both a Senior and Junior Deed of Trust (Revisited)

Almost two years ago, Money and Dirt covered a Fourth District California Court of Appeal opinion addressing an apparent split of authority regarding how a lender can enforce senior and junior deeds of trust on the same...more

Allen Matkins

After Foreclosure, New Owners Must Perfect Title Before Serving a Three-Day Notice to Quit

Allen Matkins on

On December 17, 2018, in Dr. Leevil, LLC v. Westlake Health Care Center, (2018 S.O.S. 5945), the California Supreme Court addressed a split in authority on the issue of when a new owner, who has acquired title to property...more

Snell & Wilmer

California Supreme Court Clarifies “Good Faith Dispute” Under California’s Prompt Payment Law

Snell & Wilmer on

In recent case of United Riggers and Erectors, Inc. v. Coast Iron and Steel Company ___ Cal. 4th ___ (May 14, 2018 Case No. S231549), the California Supreme Court addressed whether a direct contractor can withhold payment...more

Sheppard Mullin Richter & Hampton LLP

It’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt...

On May 14, 2018, the California Supreme Court issued its opinion in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co., No. S231549, slip. op. (Cal. Sup. Ct. May 14, 2018). In it, the Court narrowly construed the “good...more

Perkins Coie

Court Gives Green Light to Referendum of Ordinance Adopted to Conform Zoning With General Plan

Perkins Coie on

A referendum requiring either the rejection of an enacted zoning ordinance or submission to the voters that would leave in place zoning inconsistent with a general plan does not violate Gov’t Code Section 65860, according to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - June 2017

This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including the House of Representatives' American Health Care Act and the Senate's Better Care Reconciliation Act, the...more

Manatt, Phelps & Phillips, LLP

Employment Law - August 2016

Arbitrator or Judge? California Supreme Court Weighs in - Why it matters - Yet again, the California Supreme Court considered arbitration in the context of an employment agreement, this time reflecting on whether a...more

Nossaman LLP

California Supreme Court Holds that Inadvertent Disclosure In Response to a Public Records Act Request Does Not Waive The...

Nossaman LLP on

In a unanimous opinion addressing a legal issue of statewide importance, the California Supreme Court resolved a split of authority and held that a governmental entity’s inadvertent release of privileged documents under the...more

Greenberg Glusker LLP

California Supreme Court Finds that a Public Agency Cannot Inadvertently Waive Attorney-Client and Work Product Privileges

Greenberg Glusker LLP on

Last year, I wrote about the Second Appellate District case of Ardon v. City of Los Angeles. In Ardon, the appellate court found that a public agency can waive statutory privileges that it otherwise would have if it produces...more

Best Best & Krieger LLP

California Appellate Court Holds Groundwater Pumping Fees are Property-Related Fees Subject to Prop. 218

Best Best & Krieger LLP on

Decision Conflicts with a Separate Appellate Court Decision to be Considered by the California Supreme Court - In Great Oaks Water Company v. Santa Clara Valley Water District, originally issued March 26, the Sixth...more

Arnall Golden Gregory LLP

California Law and Background Screening

Happy post-Thanksgiving! News flash for the background screening industry as well as users of background checks in California. The California Supreme Court has agreed to consider whether the Investigative Consumer Reporting...more

23 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide