Internet service providers must produce, in response to a subpoena, any material that a social media user has configured to be public, but not material configured for view by specific individuals, even though those persons might further disclose the materials. Read More
Growers’ First Amendment rights were not violated by having to pay assessments that funded advertising by the California Table Grapes Commission since the advertising was government speech and there was sufficient government responsibility for and control over the advertising. Read More
Borrower stated viable Fair Debt Collection Practices Act claim against loan servicer, which acquired the loan while it was in default, included improper fees in the reinstatement amount it quoted, and kept treating the loan as delinquent and pursued non-judicial foreclosure after the borrower had paid the reinstatement sum in full. Read More
An employee who has been affected by one Labor Code violation by the employer may bring a Private Attorney General Act suit against the employer for civil penalties based on all Labor Code violations committed by the employer. Read More
Summary judgment was improperly granted on plaintiff’s FEHA pregnancy discrimination claim; she did not need to show she had submitted a job application; it was enough to show that the employer’s discriminatory conduct deterred her from applying. Read More
In collections suit, collection agency plaintiff was held to Delaware’s three-year statute of limitations—which was the jurisdiction selected in the credit card account agreement’s choice of law clause—as opposed to the four-year limitations period in California, where the suit was brought. Read More
To collect damages from an employer for failure to provide proper wage statements, an employee must show actual injury, which is not possible if omitted information is easily calculated from information the wage statement properly discloses; but no actual injury need be shown for the employee to recover civil penalties from the employer in a Private Attorney General Act suit… Read More
Employers may require their employees to sign class action waivers in arbitration agreements as a condition of employment. Read More
An expert’s declaration that sets forth only the expert’s opinions without the supporting facts and reasoning does not satisfy the moving party’s burden of production on a summary judgment motion; so the motion must be denied even if the opposing party does not object to the expert’s declaration. Read More
An appraiser hired to provide an appraisal for the lender's use does not owe the borrower a duty of care. Read More
The motives or understandings of individual legislators who voted for a statute are not to be considered in construing the statute since there is no guarantee that those who supported the bill shared any one legislator’s view of its meaning. Read More
A statement by the UFW that "we're through with you" was not a clear and unequivocal disclaimer of the union's interest in representing the bargaining unit. Read More
Water districts obtained a permit from the Department of Health Services to add chloramine to drinking water in an effort to kill germs, so they were protected from a nuisance lawsuit which sought to challenge this practice. Read More
A trial court should have given mortgage plaintiff further leave to amend a complaint to allege that party who foreclosed lacked any legal interest in the deed of trust, due to errors in the property’s chain of title. Read More
An appellate opinion on an Anti-SLAPP motion directed at the original complaint was not the law of the case as to a later similar motion against an amended complaint that substantially changed the nature of the pleading. Read More
A two-thirds majority of workers may approve an alternative workweek schedule (AWS) of fewer days but longer hours without overtime pay, but in a subsequent court challenge, the burden is on the employer to show that proper procedures (such as a secret ballot) were followed when the AWS was approved. Read More
An insured plaintiff who received treatment from out-of-network doctors that were not covered by his health insurance should be allowed to introduce the full bills into evidence, similarly to the way a wholly uninsured plaintiff may introduce such bills. Read More
A trial court has inherent power to dismiss as frivolous plaintiff’s 31 proceedings against prominent persons whom he claimed were harassing him. Read More
Holidays and weekends count against the running of the three-day notice to quit period in unlawful detainer unless the landlord states that the required rent payment may only be remitted by mail. Read More
Gov. Code 1090’s prohibition on having a personal interest in a public contract one lets applies to a government agency’s independent contractors as well as its employees. Read More
