Ozenne v. Chase Manhattan Bank (In re Ozenne)

A bankruptcy appellate panel is not a court established by an Act of Congress and so cannot issue a writ of mandate under the All Writs Act.  The All Writs Act (28 USC 1651(a)) grants the power to issue writs, such as a writ of mandate, to all courts established by an Act of Congress. …

Ling v. P.F. Chang’s China Bistro, Inc.

The trial court correctly vacated the portion of the arbitrator’s initial award which awarded attorney fees to defendant employer for defeating plaintiff employee’s claims for overtime and meal break compensation which she claimed she was entitled to as a non-exempt employee under California’s Labor Code.  The trial court correctly vacated the portion of the arbitrator’s…

Blois Construction, Inc. v. FCI/Fluor/Parsons

When the public entity owner stopped deducting retention amounts midway through a project but did not pay the prime contractor retention amounts already withheld, prime contractor was not required to pay subcontractors retention amounts it had previously withheld.  Under Pub. Contract Code 7107, a prime contractor must pay to subcontractors retention amounts kept by the…

Ammerman v. Callender

When a testator’s trust provided the residue was to be split evenly among three children, but one of them was not to bear liability for taxes, the trial court erred in readjusting the children’s percentage shares of the residue to equalize the taxation burden.  Decedent’s trust provided that on his death the trust’s assets were…

Rubenstein v. Doe No. 1

The attorney and mental health care worker certificates of merit that an adult older than 26 must file to bring a claim for childhood sexual abuse need not be verified but must state facts as to each defendant sufficient to allow the trial court to assess the suit’s potential merit.  Under CCP 340.1(b), as amended…

Tyson Foods, Inc. v. Bouaphakeo

Statistical evidence may be used to prove liability in a class action if it would be admissible to prove liability in an individual suit on the same claim.  Refusing to adopt a brightline rule barring use of statistical evidence to establish liability in a class action, the Supreme Court holds instead that whether a representative…

Saterbak v. JP Morgan Chase Bank, N.A.

Post-Yvanova, a borrower still lacks standing to challenge the assignment of his home loan before foreclosure or because the assignment occurred after the assignee trust’s closing date.  The burden is on the plaintiff to prove his standing to challenge an assignment of his home loan to securitized trust.  Since the trust is not a plaintiff…

Tenet Healthsystem Desert, Inc. v. Blue Cross of California

Plaintiff hospital adequately stated fraud and misrepresentation claims against defendant insurance company, after hospital sought and received assurances that a patient was insured, only to have insurance company retroactively deny coverage after more than $1 million worth of treatment had been administered.  Plaintiff hospital adequately alleged claims for intentional and negligent misrepresentation as well as…

Ebner v. Fresh, Inc.

A consumer cannot reasonably expect that 100% of the disclosed weight of a lip balm will be usable when the product’s dispenser is fully open, so a label disclosing the balm’s true weight is not deceptive though 25% of the balm is unusable.  Applying the reasonable consumer test, this decision holds that defendant’s lip balm…

Hernandez v. Restoration Hardware, Inc.

Unless he moves to intervene, an unnamed class member lacks standing to appeal an attorney fee award to class counsel following entry of a class action judgment; mere objection to class counsel’s motion for a fee award does not suffice.  Finding itself bound to follow Eggert v. Pac. States S. & L. Co. (1942) 20…

Schermer v. Tatum

A court may decide the issue of class certification on demurrer when it is clear that, even taking the facts alleged in the complaint as true, there is no reasonable possibility that the requirements for class certification can be met.  A court may decide the issue of class certification on demurrer when it is clear…

Ardon v. City of Los Angeles

A public entity’s inadvertent disclosure of a privileged document under the Public Records Act does not waive evidentiary privileges.  Under Gov. Code 6254.5, a public entity’s inadvertent disclosure of a privileged document to a requestor under the Public Records Act does NOT waive as against the requestor or others all evidentiary privileges, such as the…