Summary Judgment

The trial court erred in granting defendant school district summary judgment.  Plaintiff, a student at the district's high school was stabbed by third person when following after school sports practice, she briefly visited a Starbucks and then returned to the high school to recover her books from her school locker.  The brief diversion to Starbucks did not interrupt the school's… Read More

Following Van Patten v. Vertical Fitness Group, LLC (9th Cir. 2017) 847 F.3d 1037, 1044-1045, this decision affirms summary judgment for defendant in this TCPA suit based on a finding that plaintiff gave his express consent to defendant's text messaging his cellphone.   A person who knowingly releases his cellphone number consents to be called at that number so long as… Read More

This decision affirms a summary judgment for Walmart on a model's claim for waiting time penalties for Walmart's failure to pay her all earned wages after each one- or two-day photo shoot.  Although triable issues of fact remained as to whether plaintiff was an employee to whom Labor Code 203 applied, Walmart had established its defense of a good faith… Read More

In response to a contention interrogatory about whether plaintiff, the borrower, contended that notice of foreclosure had not been properly served, plaintiff answered "unsure."  This decision holds that plaintiff is bound by that deliberately ambiguous answer and cannot, in opposition to a summary judgment motion, suddenly claim that she now is certain she never received notice of the foreclosure sale. … Read More

Plaintiff recovered a $157,000 judgment against defendant's corporation, then brought this independent suit against defendant claiming he was the corporation's alter ego and liable for the judgment against it.  On the first appeal from judgment on the pleadings against plaintiff, the court held that a plaintiff may pursue an independent action against the alter ego based on the judgment against… Read More

Following Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703, this decision pays close attention to the text of Lab. Code 1102.5, but nevertheless affirms a summary judgment for the employer.  First, the decision casts doubt on whether the employee who invokes section 1102.5 must actually believe what she reported was a violation of law so long as there… Read More

Under the FCRA, a furnisher of credit information must make a reasonable investigation if the consumer about whom it furnishes information to a credit reporting bureau properly protests the inaccuracy of the furnisher's information.  Furnishers, unlike credit reporting agencies, may be required to investigate the legal as well as factual bases of the information it furnishes.  Here, CitiMortgage continued to… Read More

This decision reverses a summary judgment for defendant, finding a triable issue of fact as to whether defendant willfully violated the FCRA's requirement that an employer provide a job applicant a stand alone disclosure of its potential use of credit reports for employment screening.  (15 USC 1681b(b)(2)(A).)  Wilful for this purpose includes reckless conduct that increases the risk of violation… Read More

Defendant moved for summary judgment, then made a Rule 68 offer of judgment in the amount of $50,000.  Less than 14 days later, the court granted the summary judgment motion but didn't immediately enter judgment for defendant.  Plaintiff accepted the Rule 68 offer.  Held, the acceptance was effective.  Under Rule 68, an offer of judgment remains open for 14 days. … Read More

Under the Madrid Protocol implemented in 15 USC 1141 et seq, and under 15 USC 1057, the holder of a trademark registered in a foreign country can obtain registration of the trademark in the United States as well, and obtain the benefit of a constructive use date pegged to the date of the foreign registration or application for US registration. … Read More