Air quality district sued plaintiff for violating various state laws banning emissions of air contaminants in his agricultural activities; the district was entitled to win its Anti-SLAPP motion to dismiss plaintiff’s cross-complaint since it arose from the district's protected conduct in suing him for his emissions. Read More
The Federal Aviation Administration Authorization Act does not preempt the California Labor Commissioner from examining whether truck drivers are independent contractors or employees entitled to the benefit of California's wage and hour laws. Read More
Only a current beneficiary or trustee may petition to set aside amendments to a trust on the ground of lack of mental capacity and undue influence based on Probate Code 17200. Read More
A defendant does not waive an objection to personal jurisdiction by defending on the merits after having litigated the objection to an adverse ruling in the district court. Read More
The filed-rate doctrine, as codified in Ins. Code 12414.26, barred plaintiff’s claim that a title insurer improperly charged additional document preparation and delivery service fees. Read More
Plaintiff, a property owner, had additional administrative remedies he could exhaust after the city changed an ordinance that had previously kept him from getting a building permit. Read More
A stipulation that “at least 67%” of class members had last known California addresses was insufficient to show greater than 2/3rds of class members were California citizens, but plaintiff should be allowed discovery to prove that fact which is necessary to invoke CAFA’s local controversy exception. Read More
The National Labor Relations Act does not preempt retired professional football players' suit against the NFL for misprescribing them painkillers and other drugs. Read More
ERISA does not preempt Nevada’s statute limiting the liability of general contractors to pay benefit plan contributions that their subcontractors owe by fail to pay. Read More
A Washington Consumer Protection Act claim against an HMO over its restrictive practices regarding mental health treatment was not completely preempted by ERISA since the claims arose solely under Washington law, which requires that health insurers treat mental health conditions no less favorably than somatic health problems. Read More
An attorney who represented two clients directly in conflict with each other was properly disqualified from representing either of them. Read More
A claim for $10/hour minimum wages under San Jose's ordinance is not preempted by the National Labor Relations Act since the claim arose independently of the relevant collective bargaining agreement. Read More
When the entire contract containing an arbitration clause is illegal as contrary to statute or to public policy (as, here, an attorney fee agreement that is unenforceable due to undisclosed ethical conflict) the arbitration clause and any subsequent arbitration award are unenforceable. Read More
An employer cannot require a disabled job applicant to submit to additional medical tests at his own expense as a condition of employment. Read More
When a question of foreign law arises, the burden is on the party relying on foreign law to raise the specific legal issues governed by foreign law and to provide the district court with the information needed to determine the meaning of the foreign law; if this burden is not met, the district court may rely on other law, usually… Read More
Decedent’s will stating "I exercise any Power of Appointment which I may have over that portion of the trust or trusts established by my parents for my benefit ...." was a sufficient indicator that the decedent knowingly and intentionally exercised the power given him by his parents’ trust; the will do not have to identify the exact title of the… Read More
While a title isn't normally supposed to be an issue in an unlawful detainer action, under the Ellis Act the trial court should have considered relevant evidence of the landlord's phony sale of another unit in considering the landlord's intent to withdraw the building from the rental market (or not). Read More
An appeal of a federal district court’s remand order does not stay proceedings in the state court and so does not toll the 5-year deadline for commencing trial. Read More
Ads for musical, political or artistic works are not categorically excluded from protection under the Anti-SLAPP statute, but still must concern a matter of public interest to be protected; here, an ad for Michael Jackson’s posthumous record album was protected because its claim Jackson was the lead singer on three tracks addressed a matter of public interest. Read More
Andrew Noble offers further thoughts on this important case. Read More
