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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 the public entity owner stopped deducting retention amounts midway through a project but did not pay the prime contractor retention amounts already withheld, prime contractor was not required to pay subcontractors retention amounts it had previously withheld.  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

Statistical evidence may be used to prove liability in a class action if it would be admissible to prove liability in an individual suit on the same claim.  Read More

Plaintiff hospital adequately stated fraud and misrepresentation claims against defendant insurance company, after hospital sought and received assurances that a patient was insured, only to have insurance company retroactively deny coverage after more than $1 million worth of treatment had been administered.  Read More

A consumer cannot reasonably expect that 100% of the disclosed weight of a lip balm will be usable when the product’s dispenser is fully open, so a label disclosing the balm’s true weight is not deceptive though 25% of the balm is unusable.  Read More

Unless he moves to intervene, an unnamed class member lacks standing to appeal an attorney fee award to class counsel following entry of a class action judgment; mere objection to class counsel’s motion for a fee award does not suffice.  Read More

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