Part of the Healthy Workplaces, Healthy Families Act of 2014, Lab. Code 248.5(e) provides that “any person or entity enforcing this article on behalf of the public as provided for under applicable state law shall, upon prevailing, be entitled only to equitable, injunctive, or restitutionary relief ." This decision holds that "enforcing this article on behalf of the public" refers… Read More
The parties' arbitration provision said that "except for claims seeking injunctive or other equitable relief," the parties agreed to arbitrate any dispute between them. Plaintiff filed suit including among others claims for specific performance, rescission, and violation of the UCL. This decision holds that all of those claims are equitable or seek equitable relief and thus are not arbitrable under… Read More
A court may abstain from adjudicating a suit that seeks equitable remedies if granting the requested relief would require a trial court to assume the functions of an administrative agency, or to interfere with the functions of an administrative agency. Here, plaintiff sought injunctive relief against a local water service district to prevent a particular employee from operating its water… Read More
