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California Appellate Tracker

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California's general rule requiring automatic disqualification of counsel involved in a simultaneous conflict of interest does not apply to or require disqualification of the counsel for plaintiffs in a class action who drafted a settlement that gave named class representatives an interest in conflict with unnamed class members’ interests.   Read More

Arbitration clause in employment agreement was not unconscionable; its reservation of the right to seek injunctive relief pending arbitration merely restated a right conferred by statute, and a non-exclusive list of only employee claims did not make the otherwise bilateral arbitration clause one-sided.   Read More

The trial court correctly vacated the portion of the arbitrator's initial award which awarded attorney fees to defendant employer for defeating plaintiff employee's claims for overtime and meal break compensation which she claimed she was entitled to as a non-exempt employee under California's Labor Code.  Read More

When a testator’s trust provided the residue was to be split evenly among three children, but one of them was not to bear liability for taxes, the trial court erred in readjusting the children’s percentage shares of the residue to equalize the taxation burden.  Read More

The attorney and mental health care worker certificates of merit that an adult older than 26 must file to bring a claim for childhood sexual abuse need not be verified but must state facts as to each defendant sufficient to allow the trial court to assess the suit’s potential merit.  Read More

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