Even in a case in which the court applies the de novo standard of review to a petition for administrative mandamus, the court reviews for abuse of discretion the administrative agency's refusal to consider new evidence presented after the ALJ's decision. Here, the court reverses, finding an abuse of discretion in the Appeals Board's refusal to consider a belated declaration… Read More
This decision upholds a Workplace Violence Prevention injunction issued against a perennial attendant at LA City Council meetings who threatened a city attorney who advised the Council at those meetings. The defendant made threats against the attorney. He put swastikas and KKK symbols on public comment cards at the Council meetings, indicated he thought the attorney was Jewish, and repeatedly… Read More
A party normally has 100 days from service of an arbitration award in which to file a petition or motion seeking to vacate the award. However, if the other party files and serves a petition to confirm the award less than 90 days after service of the award, the time to respond and file any cross petition or motion to… Read More
When a party to an arbitration becomes aware of facts showing the arbitrator is biased, the party must give notice of the arbitrator's disqualification before a hearing of any contested issue of fact relating to the merits of the claim or after any ruling by the arbitrator regarding any contested matter. CC\P 1281.91(c). Here, the arbitrator revealed that the father… Read More
In this unlawful detainer action, with a breach of warranty of habitability cross-complaint, the trial court threatened to send the matter to judicial arbitration, after which the parties agreed to arbitration. Though the parties' agreement wasn't crystal clear on the point, this decision holds that they had agreed to contractual arbitration governed by CCP 1280 et seq., ending in a… Read More
CCSF wrongly terminated Morgado's employment as a police officer. While he was no longer working for CCSF, Morgado was engaged as a broker, earning $181,000 in gross income. This decision holds that Morgado's earnings as a broker must be offset agaisnt the damages he is awarded against CCSF whether for front or back pay. Morgado is entitled only to be… Read More
Defendant sold goods through its Internet website. It had no physical presence in California but 8 to 10 per cent of its sales were to California residents. That was sufficient availment of the benefits and protections of California law to satisfy due process, even though the defendant did not target California residents any more than residents of other states. Making… Read More
Bus. & Prof. Code 7031(b) allows any person who uses an unlicensed contractor to bring an action for disgorgement of all compensation paid the contractor for construction work. This decision holds that a claim under this statute is a suit for a statutory penalty which must be brought within a year of completion of the unlicensed contractor's work under CCP… Read More
Following Helicopteros Nacionales de Colombia v. Hall (1984) 466 U.S. 408, this decision holds that the district court erred in judging specific personal jurisdiction on the particular transaction that gave rise to the lawsuit rather than on the whole business relationship between the parties, of which the particular transaction was a part. Defendant was a Honduran company that imported into… Read More
This decision holds that the Fair Housing Act (42 USC 3613) sets a broad, loose standard of proximate causation and that Oakland's claim of decreased property tax revenue due to Wells Fargo's housing discrimination against Black and Hispanic borrowers both in terms of giving them less satisfactory loan terms and in foreclosing on them disproportionately--all as demonstated by multiple regression… Read More
Under the FRCivP 58(e), a judgment is final and appealable when entered, even though the district court retains jurisdiction to rule on a motion to tax costs or award attorney fees, unless the district court orders that the judgment is not final until the motion is ruled upon. A notice of appeal filed within 30 days of entry of the… Read More
Since Alexander v. Sandoval (2001) 121 S.Ct. 1511, federal courts do not imply private causes of action unless a federal statute evinces an intent to create one. The Hobbs Act (18 U.S.C. § 1951) does not show any intent to create a private right of action. It is a simple criminal statute, outlawing use of robbery, extortion or threats of… Read More
Two employees filed separate PAGA suits against employer. Employer settled with the first employee who sued it, and the Labor and Workforce Development Agency (LWDA) accepted its share of the settlement proceeds. The second employee then moved to intervene and object to the settlement. Held: The trial court did not err in denying the motion to invtervene. The motion was… Read More
Under CCP 170.6, a party may peremptorily challenge a judge who presided at a prior trial of the action if the judgment is reversed and the case is remanded for a new trial. However, as Peracchi v. Superior Court (2003) 30 Cal.4th 1245 held, a new trial is “a reexamination of an issue of fact in the same court after… Read More
Following Jaramillo v. JH Real Estate Partners Inc. (2003) 111 Cal.App.4th 394 and Harris v. University Village Thousand Oaks, CCRC, LLC. (2020) 49 Cal.App.5th 847, this decision holds that Civ. Code 1953(a)(4) renders unenforceable any arbitration clause in a residential lease--at least so long as the FAA does not apply to the lease. Read More
Police officers owe a duty of care to a person they have arrested and taken into custody to assure that person's safety and well-being. As the arrestee cannont care for himself, police must do so. Here, the arrestee swallowed a large dose of drugs to keep the police from finding it as they searched him before the arrest. He repeatedly… Read More
Joining the 1st Circuit, this decision holds that a worker can be "engaged in interstate commerce" and thus exempt from the FAA even though the worker, himself, does not cross state lines--so long as he is part of a distribution chain that extends across state lines. Thus, Amazon's "last-mile" delivery drivers were exempt from the FAA. Though they didn't cross… Read More
Effective Jan. 1, 2017, Lab. Code 1197.1 was amended to require that an employer post a bond in the amount of wages, liquidated damages and interest (but not civil penalties) assessed by the DLSE if the employer wishes to challenge the DLSE's wage order through a petition for administrative mandate in superior court. This decision holds that the new bond… Read More
This decision affirms an order denying an employer's motion to compel arbitration. Though it found only a minimal degree of procedural unconscionability in that the arbitration agreement was an adhesion contract, it holds that there was a high degree of unconscionability inherent in the arbitration agreement's (a) too restrictive limitation of discovery and (b) non-mutuality. Discovery was limited to two… Read More
Disabled residents of New Orleans had Article III standing to sue Uber for refusing to make uberWAV (wheelchair accessable rides) available in New Orleans. The residents didn't have to sign up to use Uber's app (and thus agree to its arbitration clause) to have Article III standing since doing so would have been a futile gesture. As there was no… Read More
