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Civil Procedure

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Under Cal. Rules of Court, rule 3.516, in a coordinated proceeding, a 170.6 challenge to the coordination trial judge must be filed within 20 days after that judge has been assigned to the coordinated cases.  The rule also specifies that all plaintiffs in all the coordinated cases are deemed "one side" and all defendants another "side" for purposes of the… Read More

In cases seeking a writ of mandate, where the question is one of public right and the object of the mandamus is to procure the enforcement of a public duty, the [petitioner] need not show that he has any legal or special interest in the result, since it is sufficient that he is interested as a citizen in having the… Read More

To amend a judgment to name an alter ego, the plaintiff must show that the alter ego controled the litigation and were virtually represented in that proceeding, that there is a unity of interest and ownership such that the separate personalities of entities and owners no longer exists, and that an inequitable result would result if the entity's separate existence… Read More

The Federal Aviation Administration Authorization Act does not preempt California's ABC test for distinguishing between independent contractors and employees, and so that test as adopted in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 and codified in Lab. Code 2775 and 2776 governs in determining whether a federally licensed interstate motor carrier has correctly classified its truck… Read More

Under the rule announced in Muktarian v. Barmby (1965) 63 Cal.2d 558, the statute of limitations does not start to run on a quiet title action so long as the plaintiff remains in possession of the premises, even if plaintiff is aware of conflicting claims against the property, so long as the conflicting claims are not pressed against him.  In … Read More

A trial court has discretion to consider new evidence in reply papers supporting a summary judgment motion as long as the opposing party has notice and an opportunity to respond.  Evidence which is used to fill gaps in the original evidence created by the opposition is particularly appropriate to consider in a reply. Read More

To preserve its affirmative defenses, a defendant need not file a new answer to an amended complaint that does not change the cause of action to which those defenses pertain.   When an amended complaint does not add new parties, new claims, or significant new factual allegations, the answer to the previously filed complaint suffices. Read More

Disagreeing with Plancich v. United Parcel Service, Inc. (2011) 198 Cal.App.4th 308, this decision holds that Labor Code 218.5 and 1194 prescribe one-way fee and cost awards in employee suits for minimum wage and overtime pay, precluding the application of CCP 1032 and CCP 998, which only changes the normal prevailing party determination under CCP 1032.  An employer may recover… Read More

In this suit for unpaid wages, plaintiff successfully opposed defendant's motion to transfer the case to the court's limited jurisdiction division, but then failed to recover damages exceeding the limited jurisdiction's maximum.  CCP 1033 provides that when this occurs,, the court may deny the plaintiff costs, including attorney fees. Without deciding whether the fee-shifting provisions of various Labor Code sections… Read More

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