East Bay Regional Park Dist. v. Griffin

In extraordinary circumstances necessary to prevent injury or loss, Probate Code 1310(b) permits interim orders in trust or probate matters that are not stayed pending appeal, and the appellate court can issue no relief with regard to appeals that challenge this type of order.  Under Prob. Code 1310(b), a probate court handling a trust or…

McLean v. State of California

Labor Code 202 and 203 require employers to promptly pay final wages to employees who quit to retire as well as those who quit for other reasons.  Lab. Code 202 and 203 require employers to pay final wages promptly to an employee who “quits”—and impose waiting time penalties on employers who do not comply.  This…

Aluma Systems Concrete Construction of California v. Nibbi Bros., Inc.

In seeking indemnity under an express contractual indemnity clause, an indemnitee is not limited to either the pleadings or proof the claimant presented in the underlying negligence action.  Just as an indemnitee is not limited by a claimant’s proof in the underlying action, so too the indemnitee is not limited by the claimant’s pleadings in…

Sese v. Wells Fargo Bank, N.A.

An order denying an interim award of attorney’s fees under the Homeowner’s Bill of Rights after the borrower/plaintiff was successful in obtaining issuance of a preliminary injunction to prevent foreclosure, is interlocutory and therefore non-appealable.  An order denying an interim award of attorney fees under Civ. Code 2924.12(i) after the borrower/plaintiff was successful in obtaining…

Polo v. Innoventions International, LLC

When, on a summary judgment motion in a case removed from state court, a federal court determines it lacks subject matter jurisdiction because the plaintiff lacks Article III standing, the federal court should remand the case to state court, not dismiss it.  Plaintiff filed this putative class action against defendant in state court.  Defendant removed…

Nichols v. Century West, LLC

In compliance with the Rees-Levering Act, a car purchase agreement properly disclosed the buyer’s $3,000 as a down payment, rather than as a deferred down payment, even though the payment was by post-dated checks that the dealer orally agreed not to deposit for several days.  A car dealer accepted three $1,000 checks from plaintiff car…

Young v. REMX, Inc.

An order compelling arbitration of an employee’s individual claims, dismissing his class claims, and staying his PAGA claims is not appealable even under the “death knell” doctrine since the PAGA claims survive and provide adequate incentive to prosecute the suit.  An order compelling arbitration of an employee’s individual claims, dismissing his class claims, and staying…

Davis v. Hollins Law

Even though it did not expressly so state, given the parties’ prior settlement negotiations, a collection attorney’s voicemail message to debtor sufficiently disclosed even to the least sophisticated debtor that the message was from a debt collector.  Under 11 USC 1692e(11), a debt collector must, in all communications after the first, disclose that the communication…

Bourne Valley Court Trust v. Wells Fargo Bank, N.A.

Now-defunct Nevada statute violated due process by granting homeowners’ associations priority over mortgage lenders and other senior lienholders and allowing them foreclose liens for unpaid dues without requiring notice to a senior lienholder unless it affirmatively requested notice.  Before it was amended in 2015, Nevada Revised Stats. 116.3116 allowed a homeowner’s association to foreclose its…

Barickman v. Mercury Casualty Co.

An insurer failed to satisfy its obligation to settle a case of obvious liability within policy limits when it offered the full policy limits promptly, but demanded a full release of all claims against the insured in return—a broader release than it was entitled to.  An insurer did not satisfy its obligation to settle a…

La Mirada Ave. Neighborhood Ass’n of Hollywood v. City of Los Angeles

Ordinarily, when an appeal is mooted, the appellate court simply dismisses the appeal, but it can also vacate judgment and remand to allow the trial court to dismiss the case if legislative or administrative action has mooted the entire case; here, however, the appellant itself mooted its own appeal so it should not be allowed…

National Credit Union Admin. Bd. v. RBS Securities, Inc.

The Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) provides an extension on the statutes of limitations for contract and tort claims in actions brought by the National Credit Union Administration Board, which supersedes other limitations periods set by state or federal statute.  12 USC 1787(b)(14) (part of FIRREA) provides that the statute of limitations…