Summary judgment was improper where questions of fact remained as to whether the plaintiff was a domestic work employee of defendant caregiver placement agency for purposes of the Domestic Worker Bill of Rights, Lab. Code 1450 et seq., rather than an independent contractor as the defendant claimed. Read More
As a condition of subdivision map approval and an encroachment permit in 1989, Prout agreed to dedicate to the state a 20 foot-wide strip of land along the side of his subdivision-to-be where it abutted a public highway, so he could not later sue for inverse condemnation when CalTrans used the strip to expand the adjoining highway two decades later. Read More
The federal Food, Drug, and Cosmetic Act preempted the plaintiff’s state law claim that defendant falsely advertised its Vitamin E supplement as promoting cardiovascular health. Read More
A holdover tenant is no longer in contractual privity with the landlord; so although the holdover tenancy is presumed to continue on the same terms as the preceding lease, only essential terms of the preceding lease are presumed to carry forward—and a right of first refusal is not one of these essential terms. Read More
In a groundwater pollution case, the trial court abused its discretion in awarding sanctions against the Water District since it had a reasonable basis for denying requests for admission based on evidence the defendant used contaminants on its property and on expert testimony that that release of those chemicals contaminated the groundwater. Read More
For non-coastal lands, public use alone, no matter how prolonged, cannot by itself create a public dedication of private lands; rather there must be an express irrevocable offer of dedication by the owner and its acceptance by the pertinent public authority. Read More
Fannie Mae’s release of Desktop Underwriter software did not bring it within the statutory definition of a consumer credit reporting agency for purposes of the federal Fair Credit Reporting Act. Read More
A governmental entity is immune from suit for the conduct of its employees or agents which could constitute a tort only if done by the governmental entity itself, in this case an abuse of process suit based on its employees and agents allegedly misuse of discovery in a civil action to audit the plaintiff's records for unclaimed property. Read More
Background music is not part of the normal overall experience at a bar, so the bar need not provide hearing-impaired patrons with listening aids in order to comply with the Americans with Disabilities Act or its California law counterpart. Read More
When the arbitration agreement delegates arbitrability issues to the arbitrator, a court must compel arbitration even if it finds the argument that the dispute is arbitrable to be “wholly groundless.” Read More
