New Arbitration & PAGA Case
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Arbitration & PAGA
Under California law, a PAGA claim cannot typically be sent to arbitration. But, like so many other rules in the law, this rule is not absolute. Last month, the Second District Court of Appeal published a decision addressing this issue. To find out what they decide...
New Trial & Equity Case
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Trial & Equity
Everyone knows that you get a jury trial with a legal issue and a judge trial with an equitable issue, right? While those rules are generally true, you might still be surprised Last month, the Fourth District Court of Appeal published a de...
New Civil Procedure and Employment Case
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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...
New Settlement Case
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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...
New Torts Case
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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...
New Unruh Act (Civil Code) Case
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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...
New CA Insurance Case
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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...
New CA Partnership Case
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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...
New CA Elder Abuse Case
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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 ...
New CA Settlement Case
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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...