Herrera v. Command Security Corp.

The six-month limitations period under the federal Railway Labor Act was equitably tolled by time expended while the parties brought their dispute before the Railway Mediation Board.  Claims under the Railway Labor Act must be brought within six months after their accrual, but in this case, the court holds that the limitations period was equitably…

Wood v. Burwell

Plaintiff was entitled to attorneys’ fees under the Equal Access to Justice Act after he successfully sued the Secretary of Health and Human Services, even though the administrative ruling approving the project at issue in the suit was not vacated while the Secretary complied with the district court’s order to reconsider it.  Plaintiff was the…

Deocampo v. Potts

Approval of Vallejo’s Chapter 9 plan did not discharge debts of the city’s non-bankrupt police officers or shield them from personal liability on a judgment for using excessive force to arrest the plaintiff, and since judgment was entered against the police officers after Vallejo’s plan was approved, the city must indemnify the officers as state…

In re Tracht Gut, LLC (Tracht Gut, LLC v. Los Angeles County Treasurer)

A tax sale conducted in accordance with California law conclusively establishes that the price obtained at that sale was for reasonably equivalent value, so  the sale cannot be set aside as a fraudulent transfer in bankruptcy.  The rule of BFP v. Resolution Trust Corp. (1994) 114 S.Ct. 1757 applies to tax sales conducted under California…

United States Postal Service v. Ester

The current lessor/owners of a post office could not invoke imperfections in service of renewal notices as a means of avoiding the contractually-mandated sale of the property to the lessee (the US Postal Service) at the below-current-market price set in the lease.  USPS entered into a 20 year lease with four renewal options and a…

Royal Alliance Associates, Inc. v. Liebhaber

Even though the parties’ arbitrators considered written submissions from both parties in resolving a post-arbitration dispute, they allowed only one side to present oral evidence, and that was sufficiently prejudicial to require the court to vacate the arbitration award.  L, an investor, brought a claim against T, an investment advisor with Royal Alliance, alleging that…

Mohamed v. Uber Technologies, Inc.

Since a ride-sharing company’s arbitration arbitration agreements with its drives delegated all questions of arbitrability to the arbitrator, the district court erred in holding the clauses were unconscionable and unenforceable, except as to the waiver of claims under California’s Private Attorneys General Act (PAGA), but that unenforceable provision was severable.  An arbitration clause which provided…

Penilla v. Westmont Corp.

A mobile home park’s arbitration provision was unconscionable and unenforceable as it was given to Spanish-speaking residents in an English-only adhesion contract and required residents to advance half the cost of a three-person JAMS arbitration while also restricting the remedies arbitrators could award and imposing a one-year limit on bringing claims.  A mobile home park’s…

Suarez v. Trigg Laboratories, Inc.

Lawsuit over supposed concealing of information during settlement negotiations is properly characterized as an illegal SLAPP suit.  A suit claiming that in connection with entering into a settlement of plaintiff’s prior action against it, defendant actively concealed information that would, if disclosed, have caused plaintiff to demand a larger settlement was a SLAPP suit premised…

Pratt v. Ferguson

A court may order the trustee of a trust to satisfy the beneficiary’s child support obligations from trust funds despite any trust provisions to the contrary.  Under Probate Code 15305(b)-(d), a court may order the trustee of a trust to satisfy the trust beneficiary’s child support obligations despite any contrary provision of the trust, including…