Civil Procedure and Employment
The California Department of Fair Employment and Housing can file an action on behalf of an employee. Last month, the Sixth District Court of Appeal published a decision addressing the issue of whether am action filed on behalf of an employee could proc...
Settlements
It's common in California to include, in settlement agreements that will be paid over time, a stipulated judgment that can be filed if the party making the payments defaults before all payments have been made. The party who will file a stipulated judgment needs to be care...
Landowner Tort Duty
California landowners often owe a duty of care to people on their property. Last month, the Second District Court of Appeal published a decision addressing the issue of whether a landowner owes a duty of care for an open and obvious risk. Whether a risk is open an...
The Unruh Act
California plaintiffs alleging discrimination under the federal Americans with Disabilities Act (ADA; 42 U.S.C. § 12101 et seq.).can bring California actions under The Unruh Civil Rights act (Unruh Act; Civil Code, section 51). A plaintiff who proves discrimination unde...
Insurance
The COVID-19 pandemic has led to the filing of many coverage actions by businesses against their commercial property carriers. We're now starting to see published cases from California Courts...
Partnerships
Last month, the California Supreme Court decided whether a plaintiff alleging fraudulent diversion of partnership profits can obtain treble damages and attorney fees under Penal Code sectio...
Elder Abuse
In a Financial Elder Abuse action, last month the First District Court of Appeal addressed the issues of whether the plaintiff can obtain a pretrial right to attach order, and what amounts can ...
Settlements
When a case settles, an issue that can arise later is whether the settlement of the case bars a later-filed case under the doctrine of claim preclusion. Last month, the California Supreme Co...
Arbitration
In California cases with arbitration agreements, a common issue is whether California law will be preempted by the Federal Arbitration Act (FAA). Last month, the Second District Court of App...
Settlement
Most cases are ultimately settled. Usually, the case will only settle once, but this is not always so. Last month, the S...
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