Summary judgment was properly entered for the employer in this wage and hour case. The employer's expert showed that the employer's time rounding of clock in and out times to the nearest 15 minutes was facially neutral and neutral in practice as well. Also, the employer disproved the employee's claim that he was denied meal and rest breaks. Each weekly… Read More
An order granting a new trial on the ground of insufficiency of the evidence must be supported by a specification of reasons that does more than just recite ultimate facts. The specification must point to the evidence which convinced the trial court that there was insufficient evidence on a particular issue. Here, the specification of reasons did not do so. … Read More
An action for an accounting upon dissolution of a corporation is not a special proceeding or an action for declaratory relief and thus is an action that triggers the compulsory cross-complaint rule under CCP 426.10 et seq. Read More
While a plaintiff may raise new legal theories on appeal from a dismissal on a general demurrer attacking the legal sufficiency of the complaint's factual allegations, that rule does not apply to an appeal from a dismissal on the ground that the claims alleged in the complaint are barred by the compulsory cross-complaint rule codified in CCP 426.10. An appellate… Read More
It is error to dismiss an original complaint without leave to amend unless the complaint discloses on its face a reason why it cannot be amended to state a viable claim. On appeal from such a dismissal, the appellant need not show anything in the record demonstrates that the complaint can be amended to allege a viable claim; rather, the… Read More
In the exercise of their equitable powers, courts may equitably toll statutes of limitation except when the Legislature has clearly indicated its intent that a limitations period not by extended by equitable tolling. Gov. Code 11523, which sets a 30-day deadline for filing a petition for administrative mandate to review administrative determinations, does not clearly exclude equitable tolling. Thus, equitable… Read More
While a default judgment may not award damages in an amount greater than that alleged in the complaint, it is not necessary to plead the amount of prejudgment interest, costs or attorney fees. A default judgment which may otherwise properly award prejudgment interest, costs and attorney fees may do so even if the total judgment, including those items, exceeds the… Read More
A defendant against whom a default has properly been entered is not entitled to service of notice of hearing on entry of default judgment or to service of a copy of the evidence submitted in support of the default judgment. Also, since the defaulted defendant has no right to participate in the prove-up hearing, it cannot show any prejudice from… Read More
Despite the Erie Doctrine, federal law limits the equity jurisdiction of federal courts. Federal courts may not issue equitable relief if the plaintiff has an adequate remedy at law, and that rule holds true even in a diversity case otherwise governed by state law and even though state law might allow state courts, hearing the same claim, to award equitable… Read More
An order denying a motion for a judicial reference is not an appealable order even when made as an alternative to a motion to compel arbitration. Here, the parties' agreement provided for arbitration of disputes with the exception of those involving debts secured by California real property, and as to those provided that either party could demand a judicial reference… Read More
Under CCP 664.6, the court may, if the section's conditions are met, enter judgment enforcing the parties' settlement. However, that judgment must state all terms of the settlement agreement that have not yet been fully performed. The judgment can do nothing else. If the settlement reserves jurisdiction in the court to enforce the settlement, the court may, after entering judgment… Read More
Probate Code 859 provides for an award of double damages if the court finds that the defendant son has in bad faith wrongfully taken . . . property belonging to a . . . dependent adult, . . . or has taken . . . the property by the use of undue influence in bad faith or through the commission… Read More
The trial court did not abuse its discretion in denying the defendant's motion to dismiss two of the consolidated cases for failure to bring them to trial within five years. Even though plaintiffs could have taken these defendants' defaults since they hadn't answered, the court could reasonably conclude that these complex consolidated actions could not have been prosecuted to judgment… Read More
The federal Food, Drug, and Cosmetic Act preempted the plaintiff’s state law claim that defendant falsely advertised its Vitamin E supplement as promoting cardiovascular health. Read More
Fees charged by a mediator for a mediation not ordered by the court may be recoverable as ordinary costs in the discretion of the trial court. Read More
A default judgment was vacated as it exceeded the sum prayed for in the indemnity cross-complaint on which it was based, even though it incorporated by reference the complaint which asked for $10 million. Read More
There is a constitutional right to a jury trial of a claim for nominal statutory damages of $1000 under the California Confidentiality of Medical Information Act. Read More
Plaintiff’s 998 offer made 19 days after service of the complaint was ineffective because the defendant then lacked sufficient information about the plaintiff’s injuries to reasonably evaluate the offer. Read More
The trial court abused its discretion in denying a prevailing plaintiff attorney fees since the defendant’s initial settlement offer (which the plaintiff rejected) did not comply with section 998. Read More
The deadline for moving to vacate an arbitration award under the FAA is the same date as the third month after the award is issued unless it is a Saturday, Sunday or holiday. Read More
