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Plaintiff employee's initial complaint sought individual and class relief for Labor Code violations as well as PAGA claims for statutory penalties for the same violations.  After defendant employer moved to compel arbitration, plaintiff amended the complaint to delete the individual and class claims, leaving only the PAGA claims.  This decision holds that the amendment was effective to avoid arbitration.  Under… Read More

Four federal statutes bar discrimination on the basis of race, gender, disability or other protected characteristics by recipients of federal financial assistance; namely Title VI and IX of the 1964 Civil Rights Act, the Rehabilitation Act and the Affordable Care Act.  None of these acts expressly grant private rights of action to victims of discrimination that violates those Acts' provisions. … Read More

Defendant, a Delaware corporation with headquarters in California, had a federal forum provision in its articles of incorporation which provided that any claims against it under the federal Securities Act of 1933 had to be brought in federal, not state, court.  This decision affirms an order dismissing without prejudice a Securities Act suit that one of the corporation's shareholders brought… Read More

As a Juul employee, Grove obtained stock options which he exercised to buy shares of Juul stock.  Grove sued Juul in California asserting a claim for the right to inspect Juul's books and records and also class and derivative claims against Juul's officers and directors.  The California court first stayed the inspection claim based on the forum selection clause in… Read More

Doctors sued county for the unreimbursed portion of their invoices for emergency medical treatment given to participants in the county's health plan.  Under the Knox-Keene Act, a health plan must reimburse noncontracting health care providers for the reasonable value of the emergency care they render to health plan participants.  A provider that thinks it has been underpaid may sue a… Read More

The registrar of voters gave Brennan wrong information about the number of signatures needed to qualify a proposition for the ballot, causing Brennan to expend more to get more signatures than actually needed to place its proposition on the ballot.  Brennan sued the county for the registrar's negligent misrepresentation.  Held, county's demurrer should have been sustained.  Gov. Code 818.8 and… Read More

Reversing dismissal of this antitrust suit, the decision holds that plaintiff's complaint adequately alleged a violation of Sherman Act section 1 by reason of NAR's Clear Cooperation Policy which required realtors who listed properties on a rival multiple listing service, such as plaintiff's, to also list those properties on an NAR listing service.  The complaint alleged that the claimed violation… Read More

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