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Under Public Contracts Code 20104.50, a government entity that pays a contractor more than 30 days after receipt of an undisputed payment request must pay the contractor 10% interest on the delayed payment.  However, this decision holds that payment more than 30 days after receipt is not a breach of the construction contract if that contract only incorporates the Public… Read More

Plaintiff did not allege an actionable equal protection claim based on a "class of one" discrimination.  To state such a claim, the plaintiff must allege facts showing it was treated differently from others who were similarly situated in all material respects.  Because they operate a materially different business model, at a significantly different price point, using new and different technology,… Read More

Plaintiff's complaint alleged a viable Sherman Act section 1 antitrust conspiracy among dentist members of the Dental Board of California to harass and intimidate plaintiff which sought to engage in a disruptive new direct to consumer model of marketing clear dental aligners to members of the public.  The members of the dental board were not immune from antitrust liability merely… Read More

Austin's ordinance banning signs advertising goods or services not sold on the premises where the sign is located did not infringe sign owners' First Amendment rights.  Even though the ordinance required some examination of the contents of the advertising to determine whether it related to goods or services sold on the premises, the ordinance was facially content-neutral.  Austin's ’s on-/off-premises… Read More

Following Mudpie, Inc. v. Travelers Casualty Ins. Co. (9th Cir. 2021) 15 F.4th 885 and Inns-by-the-Sea v. California Mutual Ins. Co. (2021) 71 Cal.App.5th 688, this decision holds that business interruption insurance providing coverage for interruption due to physical loss or damage to property does not cover losses caused by the COVID pandemic or associated government-ordered shut downs of business… Read More

If a statute prescribes a time limit within which a petition, appeal or other pleading must be filed, it will be treated as jurisdictional only if Congress clearly states that the time limit is jurisdictional.  Jurisdictional time limits cannot be waived or forfeited, must be raised by courts sua sponte, and do not allow for equitable exceptions.  Here, the Court… Read More

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