Appellate Court Update for April 2023
Animal law In this case, the plaintiff sued a veterinarian for botching the euthanasia of her cat, alleging fraud, deceit, conversion, and intentional infliction of emotional distress. The trial court…
Read MoreAppellate Update
Appellate Court Update for March 2023
APPELLATE UPDATE March 2023 Arbitration An arbitration agreement, like any contract, requires the mutual consent of the parties. An elderly man suffered a stroke and entered a skilled nursing…
Read MoreAppellate Court Update for February 2023
February 2023 appellate case update Immunity to mandated reporter for false report The Elder Abuse and Dependent Adult Civil Protection Act (“the Act”) provides absolute immunity for mandated reporters…
Read MoreAppellate Court Update for December 2022
Arbitration Last month, in DeLeon v. Juanita’s Foods (2022) 85 Cal.App.5th 740, the Second District held that a party’s failure to timely pay its arbitration fees was a material breach…
Read MoreAppellate Court Update for November 2022
Arbitration In this case, Kail DeLeon sued his former employer, Aerotek, Inc. and Juanita’s Foods. The parties had an arbitration agreement. The Superior Court granted defendants’ motion to compel arbitration.…
Read MoreAppellate Court Update for October 2022
Trusts and estates “Personal property” as used in Probate Code §850 does not mean communications and documents from the administration of a temporary conservatorship estate. Section 850 is not to…
Read MoreAppellate Court Update for September 2022
Contractor liability Generally, a worker injured on the job may only sue his or her employer for workers’ compensation benefits; the business which hired the employer usually may not be…
Read MoreAppellate Court Update for August 2022
Arbitration Agreement An employee signed an arbitration agreement with his employer, Cisco. Subsequently, the employee filed a discrimination claim with the Department. After investigation, the Department brought suit against Cisco.…
Read MoreSignificant Appellate Decisions for July 2022
A public enforcement action was not subject to an arbitration agreement: The San Diego City Attorney brought an enforcement against against Maplebear for misclassification of its employees. The 4th District…
Read MoreAppellate Court Update 3/31
Mendoza v. Trans Valley Transport Docket no. H044372 (Sixth Appellate District) Opinion Date: March 1, 2022 Arbitration agreements, enforceability Plaintiff applied for a job as a truck driver. Does not…
Read More