Los Angeles County's rent control ordinance requires a landlord to submit a copy of a three-day notice to pay rent or quit to the LA County Dept. of Consumer & Business Affairs. This decision holds that while the notice requirement is mandatory, the ordinance does not make compliance with that requirement either a condition precedent to eviction that the landlord… Read More
The trial court correctly denied the defendant employer's motion to compel arbitration. The arbitration agreement did not clearly delegate the decision on unconscionability to the arbitrator. Merely referring to "arbitrability" as a kind of dispute handled by the arbitrator was insufficient, as was incorporation of AAA rules, at least in the context of an employment agreement. The arbitration agreement was… Read More
This decision holds that when a consumer who is not a party to the action objects to disclosure of his personal records pursuant to a party's subpoena on a third-party witness under CCP 1985.3(g), the subpoenaing party must move to enforce the subpoena over the consumer's objection within 20 days after service of the objection, as provided in CCP 1985.3(g). … Read More
Normally, private suits under the Political Reform Act (Gov. Code 81000 et seq.) are governed by a four year limitations period. However, this case holds that when the Reform Act is used to challenge land use decisions, the more specific 90-day limitations provision of Gov. Code 65009 and 66499.37 apply instead. Read More
Plaintiff filed a Chapter 11 and was debtor-in-possession until the bankruptcy appointed a trustee in her stead. Following dismissal of the bankruptcy case, plaintiff sued her bankruptcy attorney for malpractice. Held: Plaintiff cannot sue the attorney, without bankruptcy court approval, for malpractice committed while attorney for plaintiff as debtor in possession. The bankruptcy court appoints the attorney for the debtor-in-possession,… Read More
Part of the Dodd-Frank Act (12 USC 5481, 5536) forbids "covered persons" from engaging in any unfair, deceptive, or abusive act or practice. A "covered person" is one who engages in offering or providing a consumer financial product or service, including “providing financial advisory services . . . to consumers on individual financial matters or relating to proprietary financial products… Read More
Under CCP 583.340, the five year period to bring an action to trial is stayed during periods when it is impossible, impracticable or futile to bring the action to trial--even if those periods occur early in the 5-year period and the plaintiff is not thereafter diligent in seeking a trial date less than 5 years from the filing of the… Read More
A court may correct an arbitration award if (a) there is an evident miscalculation or mistake of description, (b) the arbitrator exceeded his powers and the award can be corrected without affecting the merits of the decision, or (c) the award is imperfect in a matter of form not affecting the merits. Here, the arbitrator allowed a set off of… Read More
Group boycotts are per se antitrust violations only if the boycott cuts off access to a supply, facility, or market necessary to enable the boycotted firm to compete, the group possesses a dominant position in the market, and the boycott is not justified by a plausible argument that it is intended to enhance overall efficiency and make markets more competitive. … Read More
A commercial lease is exempt from the rule against perpetuities, but still subject to Civ. Code 718 which provides that no lease for longer than 99 years is valid. This decision holds that a lease with a longer term is valid for 99 years but void insofar as it purports to extend the lease term beyond 99 years. Possible exceptions… Read More
An online supplier of stock images, plaintiff tried but failed to allege a viable Sherman Act section 2 monopolization claim against Google. It tried to allege only a monopolization of the online search advertising market in which it did not compete rather than the online search market in which it did compete. To state a section 2 claim, the plaintiff… Read More
Under the Domestic Violence Prevention Act (Family Code 6300 et seq.) a spouse may be restrained from committing violence on the other spouse. Section 6305 requires special findings if the court issues a mutual restraining order. Following n Melissa G. v. Raymond M. (2018) 27 Cal.App.5th 360 and disagreeing with Conness v. Satram (2004) 122 Cal.App.4th 197, this decision holds… Read More
This decision holds that at least in NLRB cases, the NLRB's showing of a likelihood of success on the merits does not give rise to a presumption of irreparable harm. However, facts sufficient to establish the probability of success may give rise to a non-mandatory inference of irreparable harm depending on the nature of the unfair labor practice involved. Read More
This case discusses the disputes are "capable of repetition, yet evading review" exception to the rule normally requiring dismissal of moot cases. To fall within the exception, the action or appeal must be of inherently limited duration and there is a reasonable expectation that the appellant will be subjected to the same type of order in the future. This case… Read More
This decision holds that Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 overrules the cases that followed Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348 in holding that pre-dispute arbitration clauses were unenforceable to compel arbitration of the individual PAGA claim(s) of the plaintiff employee. Viking River held that the individual plaintiff acts in part… Read More
Section 230 of the Communications Decency Act (47 USC 230) immunized YouTube from liability for exercising editorial functions in restricting the availability of or advertising in connection with videos posted to its website. Therefore, the trial court correctly sustained YouTube's demurrer to tort claims by a poster of videos that YouTube had restricted access to or barred from bearing ads… Read More
Under FRCivP 24(a), a would-be intervenor must show that it has a significant protectable interest as to the property or transaction involved in the dispute which may be impaired by resolution of the case as well as that the motion to intervene was timely and the existing parties don't or can't protect the intervenor's interest. Here, the plaintiff sought a… Read More
Plaintiffs entered into arbitration agreements with Pacific as part of their agreements for Pacific's cryogenic preservation of their sperm or eggs. One of the cryogenic tanks in which the specimens were to be preserved failed. This decision holds that the manufacturer and distributor of the failed tank could not compel arbitration under the plaintiffs' agreements with Pacific to which the… Read More
This decision affirms a judgment on demurrer in a UCL suit by a consumer contending that Tootsie Roll committed unlawful and unfair business practices in the period between 2010 and 2016 by including partially hydrogenated oils in its candy bars. The FDA considered the issue eventually deciding to ban PHOs, but only from 2018 onward in order to give food… Read More
Under In re On-Line DVD Rental Antitrust Litig. (Frank v. Netflix, Inc.) (9th Cir. 2015) 779 F.3d 934), a court considers three factors to decide if a class settlement is a "coupon settlement subject to CAFA's (28 USC 1712's) restriction on attorney fee awards. First, do class members receive only a discount on services and must pay more out of… Read More
