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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

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

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

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 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

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