Gopal v. Kaiser Foundation Health Plan, Inc.

Kaiser’s Health Plan, a Know-Keane health care service plan, is not a single enterprise (or alter ego of) Kaiser Foundation Hospitals or Southern California Permanente Medical Group and so is not liable for their alleged torts.  Kaiser’s Health Plan, a Know-Keane health care service plan, is not a single enterprise (or alter ego of) Kaiser…

Scott v. Yoho

Because a substantial portion of a California doctor’s medical supplies came from outside the state, the Federal Arbitration Act applied to the doctor’s treatment agreement with his California patient, preempting CCP 1295(c) which would otherwise require the doctor to allow a patient 30 days to opt out of the treatment agreement’s arbitration clause.  A treatment…

Harris v. TAP Worldwide LLC

An arbitration clause set out in an appendix to the employee handbook was enforceable as against an employee who claimed not to have read or signed it, since the employee did sign an acknowledgement of receipt of the handbook, and the receipt also mentioned the arbitration clause.  Disagreeing with and distinguishing Sparks v. Vista del…

Fisher v. University of Texas

The University of Texas did not violate plaintiff’s constitutional rights under the 14th Amendment by using race as a factor in admissions, since race played a role in a relatively few applications and other race-neutral means of achieving student body diversity weren’t working at the time the race-conscious system was adopted.  University of Texas satisfied…

Ramos v. Brenntag Specialties, Inc.

The component parts doctrine does not shield a manufacturer from strict products liability for injuries a worker suffers by using the manufacturer’s product for its intended purpose in manufacturing a different, composite product of which the manufacturer’s product is a part.  Disapproving Maxton v. Western States Metals (2012) 203 Cal.App.4th 81, this decision holds that…

Crasnick v. Marquez

The trial court properly denied a landlord the right to offset damage awards it had obtained against the tenant in later suits against an attorney fee award the tenant recovered in the landlord’s first, abortive suit.  Lawyer for tenant’s fee agreement provided lawyer would charge tenant no fees but would receive any fees the court…

Choi v. Mario Badescu Skin Care, Inc.

A class notice of settlement need not comply with Civ. Code 1781(d)’s requirement of publication of notice of a CLRA class action once a week for four weeks in the county in which the transaction occurred; that statute only applies in the context of a contested class certification.  When it is impractical to give individual…

Palm Springs Villas II Home Owners Assn. v. Parth

Defendant was not entitled to summary judgment on breach of fiduciary duty because triable issues of fact existed on whether defendant’s failure to properly investigate unlicensed contractor was ultra vires and/or shielded by the business judgment rule. The trial court erred in granting defendant, who had been president and a director of the plaintiff homeowners’…

Moore v. Regents of University of California

Despite the fact that plaintiff employee had no actual disability, her employer had a statutory duty to accommodate what it perceived to be her disability; consequently, triable issues of fact exist on plaintiff’s claim that her employment was terminated for an impermissible reason.  Moore was promoted to head of the marketing department for UCSD when…

RJR Nabisco, Inc. v. European Community

RICO reaches some racketeering activity in foreign countries, but to seek a civil remedy under RICO, a plaintiff must prove domestic injury to business or property.  Absent clearly expressed Congressional intent to the contrary, federal statutes are construed to have only domestic application.  In analyzing a statute’s reach, the court first asks whether the statute…

Encino Motorcars, LLC v. Navarro

The Labor Department’s regulation reversing, without explanation, decades of treating service advisors as exempt salesmen under the Fair Labor Standards Act is not entitled to judicial deference.  In 1971, the DOL exercised its rulemaking authority, and issued a regulation defining the “salesman” exemption to the FLSA’s minimum wage requirements (29 USC 213(b)(10)(A)) to apply only…

Cuozzo Speed Technologies, LLC v. Lee

The ordinary presumption favoring judicial review of administrative actions is trumped by clear statutory language providing that a Patent Office determination to institute inter partes review of an already issued patent is not reviewable in court.  Under the clear, express language of 35 USC 314(d), a Patent Office determination to institute inter partes review of…