Bristol-Myers Squibb Co. v. Superior Court

Defendant corporation was subject to specific (though not general) personal jurisdiction in California, since it was not necessary for the plaintiffs to be California residents or to have claims that arise directly out of defendants’ California-related activities in order for their claims to “arise out of or be related to” the defendant’s forum-directed activities.  While…

Schellinger Brothers v. Cotter

Failure to recite all the evidence on an issue waives a substantial evidence attack on appeal.  This decision repeats and elaborates on the rule that failure to recite all the evidence on an issue waives a substantial evidence attack on appeal. California Court of Appeal, First District, Division 2 (Richman, J.); August 26, 2016; 2016…

Tompkins v. 23andMe, Inc.

An arbitration clause calling for the losing party to pay arbitration costs and attorney fees of the prevailing party was not substantively unconscionable, nor was the forum selection clause.  An arbitration clause calling for the losing party to pay arbitration costs and attorney fees of the prevailing party was not substantively unconscionable.  Under Sanchez and…

Esparza v. Sand & Sea, Inc.

An arbitration clause in an employee handbook given new employees was unenforceable because the employee was not required to (and didn’t) agree to its terms, but only acknowledged that she had received the handbook.  An arbitration clause in an employee handbook given new employees was unenforceable because the employee was never required to or shown…

Morris v. Ernst & Young, LLP

An arbitration clause in an employment contract which requires individual arbitration of the plaintiff’s claims violates sections 7 and 8 of the National Labor Relations Act, which guarantee a worker’s right to engage in concerted activities with respect to working conditions, including administrative or judicial proceedings.  This 2-1 decision holds that an arbitration clause in…

American Hotel & Lodging Assn. v. City of Los Angeles

Los Angeles ordinance setting $15.75 minimum hourly wage is not pre-empted by the National Labor Relations Act.  The NLRA does not preempt state or local laws that prescribe minimum labor standards, though it does preempt laws that interfere with the collective bargaining process.  Here, LA’s ordinance prescribing a $15.75 per hour minimum wage was a…

Funsten v. Wells Fargo Bank, N.A.

The 2008 repeal of Probate Code section 21230 bars later-filed suits for a declaration that a proposed suit would not be a “contest” within a no-contest clause’s scope, even if the underlying will or trust was executed before 2008.  The repeal of Prob. Code 21230 effective in 2008 was procedural in nature and applied immediately,…

Greco v. Greco

A complaint charging brother/trustee with wrongfully taking money from elderly mother and from family trust to fund litigation against plaintiff sister was not a SLAPP suit subject to an Anti-SLAPP motion to strike, except for the cause of action alleging wrongful conduct in filing and prosecuting the earlier suits.  Following Old Republic Construction Program Group…

In re Berkeley Delaware Court, LLC

A bankruptcy’s order approving the trustee’s settlement of the estate’s claims against a defendant is a sale under 11 USC 363(m) and is unreviewable on appeal unless the bankruptcy court grants a stay pending appeal.  11 USC 363(m) applies to a trustee’s sale or compromise of the estate’s claims against third parties.  Hence, the debtor’s…

People v. Grimes

A declarant’s statement incriminating himself and denying involvement by others, including the defendant in this case, is sufficiently against the declarant’s penal interest to allow its admission in evidence under the statement against interest exception to the hearsay rule in Evidence Code 1230.  Evid. Code 1230 allows into evidence statements against the declarant’s penal interest.  This…

Randall v. Mousseau

Trial court erred in denying appellant’s motion for a settled statement of unrecorded oral proceedings, but appellant failed to properly preserve that issue for appeal, so judgment had to be affirmed for lack of an adequate record to review.  A trial court has an obligation to assist an appellant in preparing a settled statement if…

California American Water Co. v. Marina Coast Water Dist.

A public entity has four years to sue to invalidate its own contract under Gov. Code 1090 because of a board member approving the contract was on the contractor’s payroll, not the mere 60 days allowed a private party to sue to invalidate the public entity’s contracts.  The statute forming a water district provided that…