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This decision holds that under Civ. Code 9564 (providing for attorney fees in suits on construction surety bonds) and CCP 1032, the prevailing party is entitled to recover attorney fees and costs even if that party has been represented at no cost to that party--as here, the prevailing surety's defense was paid under by the construction contractor-principal on the bond… Read More

This decision holds that CRC 2.259(c) and 8.77(d) both apply to excuse late filing of notices of appeal in appropriate circumstances.  Rule 2.259(c) requires a court to deem a document filed on the day of the attempted filing if a technical problem with the court's filing system prevents the filing.  Rule 8.77(d) allows a court to deem a document filed… Read More

In this case, ZF sued TAT claiming that the director TAT appointed to ZF's predecessor, ZF Micro Devices, intentionally destroyed that corporation by disparaging its management and working behind the scenes to undermine its efforts to obtain funding.  This decision holds that ZF's claim is legal and must (at ZF's demand) be tried to a jury.  A director's duty to… Read More

(A school district did not owe students a duty of care to prevent a teacher's husband from entering the classroom and killing her in front of her students, thus causing the students emotional distress.  The husband's violent criminal behavior was not reasonably foreseeable, as he had previously visited his wife at the school without incident.  Also, protecting against this sort… Read More

(The Federal Tort Claim Act's discretionary function immunity did not shield the United States from liability for the alleged conduct of its employees in maliciously instigating false state court criminal charges against plaintiff (in retaliation for her whistleblowing).  The employees' alleged conduct in knowingly lying under oath, tampering with witnesses, or fabricating evidence to support the false criminal charges had… Read More

Usually, any agreement to waive the employee's right to sue under PAGA is unenforceable.  But there is an exception for collective bargaining agreements that cover construction workers, provide for wages, hours and working conditions, set forth a grievance and arbitration remedy for Labor Code violations, allow the arbitrator to award all remedies authorized by the Labor Code and clearly waive… Read More

The Ellis Act does not preempt San Francisco's Rent Ordinance section 37.9A which requires landlords exercising their right to remove units from the rental market to give the displaced tenants a specific notice of their right to relocation payments and to make the required relocation payments.  This decision also holds that strict, not substantial compliance, is required with the ordinance's… Read More

While the primary purpose of appointing a receiver (here, to sell radio stations) is to enforce and obtain payment of a judgment, the judgment debtor cannot automatically obtain the receiver's discharge and return of its property by posting adequate security for or paying the judgment.  The court retains discretion to continue the receivership thereafter to assure that the judgment debtor's… Read More

(Under FRCivP 4(k)(2), a federal court may exercise jurisdiction over a foreign defendant on a federal claim if the defendant is not subject to personal jurisdiction in any state's courts and exercising jurisdiction over the defendant comports with due process considering his contacts with the US as a whole.  Here, the district court could properly exercise jurisdiction over the foreign… Read More

Probate Code 8402(a)(4) provides that to be eligible to serve as an executor or administrator of an estate, a person must be a resident of the US.  This decision interprets the statute as meaning that an executor or administrator must be "domiciled" in the US--that is, reside in the US with the intention of remaining there.  Here, the proposed administrator--the… Read More

The insured landlord's CGL policy excluded claims for claims arising out of actual or claimed uninhabitable conditions on the premises--and all other claims (whether or not otherwise covered) which were alleged in the same suit as claims for non-habitability.  This decision holds that the exclusion was plain, clear, conspicuous, and enforceable.  As a result, the exclusion relieved the insurer of… Read More

CCP 995.240 grants a trial court authority to waive any provision requiring a litigant to post a bond if the trial court finds the party that is otherwise required to post a bond is indigent and unable to obtain sufficient sureties.  This decision holds that the statute applies, and grants the trial court discretion, to waive CCP 917.1's otherwise applicable… Read More

The district court properly granted defendant's Anti-SLAPP motion.  Anti-SLAPP motions do not conflict with federal procedure and so may properly be brought in federal court on diversity claims governed by California law.  Shady Grove Orthopedic Associates, P.A. v. Allstate Ins. Co. (2010) 559 U.S. 393 did not overrule or undermine prior 9th Circuit authority so holding.  Plaintiff could not show… Read More

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