Appellate 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…
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Appellate 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.…
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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…
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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…
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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 MoreAppellate Court Update for February 15, 2022
Kirk v. Ratner Docket: B309880(Second Appellate District) Opinion Date: February 10, 2022 Preliminary orders by arbitrator not subject to vacature. Arbitrator issued preliminary injunction prohibiting parties from revealing confidential information. Kirk filed…
Read MoreAppellate Court Update – January 19, 2022
Appellate Court Updates – January 19, 2022 Easements and laches/ substantial evidence In an action for trespass, an encroacher’s failure to adduce direct evidence of the cost of removing the…
Read MoreNew Laws of 2022
NEW LAWS OF INTEREST TO LAWYERS: CIVIL ACTIONS/DECEDENTS: SB 447 (Laird) amends Code of Civil Procedure §377.34 to allow the personal representative of a deceased plaintiff to recover damages for…
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