Elena S. v. Kroutik

Defendant was unable to challenge domestic violence protective order on the ground that he had not consented to have a court commissioner decide the issue, because he impliedly consented to have the commissioner decide the matter by participating in the hearing and couldn’t produce an oral record of the proceedings proving he had withheld consent…

Southwest Regional Council of Carpenters v. Drywall Dynamics, Inc.

Arbitrators’ award holding defendant bound by a collective bargaining agreement as a member of the multi-employer bargaining unit should have been confirmed despite court’s finding arbitrators’ construction of the agreement “implausible” and despite argument it violated public policy.  In reviewing an arbitration award in the context of a collective bargaining agreement, the court’s only role…

Jimenez v. Roseville City School Dist.

Triable issue of fact existed as to whether school had a duty to supervise middle school classroom where child was injured while practicing risky break-dancing moves.  A student injured while practicing breakdancing in a middle school classroom with the teacher’s permission but in his absence should be allowed to proceed to trial on his negligence…

Winn v. Pioneer Medical Group, Inc.

A defendant care-giver accused of elder neglect did not meet Welf. & Inst. Code 15610.57’s “having care and custody” requirement, when he merely furnished intermittent outpatient medical treatment to the elder, rather than providing for some/all of the elder’s fundamental needs.  Under Welf. & Inst. Code 15610.57, a person having the care and custody of…

CRST Van Expedited, Inc. v. Equal Employment Opportunity Comm.

Under federal attorney fee shifting statutes, including Title VII, a non-merits dismissal of the claims against a defendant still represents a victory sufficient to serve as the springboard for an award of attorney fees to the plaintiff.  Under federal attorney fee shifting statutes, including Title VII, “the touchstone of the prevailing party inquiry must be…

Sciarratta v. U.S. Bank, National Association

A borrower who alleges defects in the transfer of her mortgage loan which render it void, can sufficiently establish the prejudice element of her wrongful foreclosure claim simply by alleging that the foreclosure was carried out by a party having no right to do so.  A borrower who has standing to bring a wrongful foreclosure…

Hetzel v. Hennessy Industries, Inc.

Manufacturer of auto brake forming tools is strictly liable for worker’s injury caused by breathing asbestos dust while using the tools in the intended manner on asbestos-laced auto brakes, even though manufacturer did not make the brakes.  Following Sherman v. Hennessy Industries, Inc. (2015) 237 Cal.App.4th 1133, this decision holds that the manufacturer of auto…

Conservatorship of Estate of Bower

Conservator and attorney fees are not considered “support and maintenance” for purposes of Probate Code 3089, which allows community property to be divided for the support and maintenance of an incompetent spouse if the competent spouse refuses to pay for it voluntarily.  Under Probate Code 3089, a probate court may divide community property to provide…

Spokeo, Inc. v. Robins

While Congress may elevate intangible injuries to allow standing to sue, it cannot, by granting a right to statutory damages, create Article III standing when the plaintiff has suffered no actual injury, as can be the case when the defendant violates a statute’s purely procedural requirements.  To state an Art. III case or controversy and…

Husky Int’l Elec., Inc. v. Ritz

“Actual fraud” for purposes of the 11 USC 523(a)(2)(A) exemption is construed broadly to encompass fraudulent transfers of property designed to hinder or delay creditors.  11 USC 523(a)(2)(A) exempts from bankruptcy discharge debts the bankrupt obtained by false pretenses, false representations or actual fraud.  This decision holds that the term “actual fraud” does not require…

Sheriff v. Gillie

The Federal Fair Debt Collection Practices Act does not ban as false or misleading conduct collection letters sent by special counsel employed by the Attorney General to collect debts owed the state, using Attorney General stationery at the Attorney General’s direction.  Under Ohio law, the Attorney General appoints special counsel to collect debts owed state…

Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Manning

Under Federal Securities Exchange Act section 27 (15 USC 78aa(a)), federal courts have exclusive jurisdiction if either (a) plaintiff’s claim is created by the Exchange Act, or rules or regulations adopted under it, or (b) if the suit necessarily raises a substantial, disputed federal securities law issue.  Section 27 of the Federal Securities Exchange Act…