People v. Black

A promissory note for a loan to aid defendant’s development scheme, which was not offered to the general public, is not considered a “security.”  An individually negotiated and issued promissory note for a loan to aid a defendant’s development scheme is not a “security” within the meaning of California’s Corporate Securities Law since the note…

Secci v. United Independent Taxi Drivers, Inc.

In determining whether the defendant exercised sufficient control to make the tortfeasor the defendant’s agent for purposes of respondeat superior, the jury may properly consider the degree of control which public regulations require the defendant to exercise over the tortfeasor.  Whether a person acts as an independent contractor or as an agent for purposes of…

Roy Allen Slurry Seal, Inc. v. American Asphalt South, Inc.

Due to the unique constraints of the bid process for government contracts, an unsuccessful bidder on a public contract has no cause of action against the winning bidder for interference with prospective economic advantage.  An unsuccessful bidder on public contracts cannot sue the winning bidder for interference with prospective economic advantage because the unsuccessful bidder…

Mercury Casualty Co. v. Jones

It was not an abuse of discretion to deny plaintiff’s request to raise its auto insurance rates, since its advertising expenses were properly excluded from rate calculation.  The Insurance Commissioner did not abuse his discretion in denying Mercury’s request to raise its auto insurance rates.  Mercury’s advertising expenses were properly excluded from the rate calculation…

Jones v. Whisenand

A convicted criminal defendant need not demonstrate actual innocence in order to sue his attorney for malpractice in connection with civil commitment proceedings under the Sexually Violent Predator Act.  A convicted criminal defendant need not prove his actual innocence in order to sue his attorney for malpractice in connection with civil commitment proceedings under the…

Geraghty v. Shalizi

Settlement agreement signed by tenant, which contained a release of claims arising from the tenancy, was enforceable against the tenant since it was a voluntary agreement rather than a tenant waiver of rights under the city’s rent ordinance.  A landlord paid a tenant $25,000 to move out so the landlord could be move in.  The…

Herklotz v. Parkinson

A federal court may exercise supplemental jurisdiction over a state-law cross-claim between nondiverse parties so long as the cross-claim remains part of an action commenced by a complaint that properly invokes diversity or federal question jurisdiction, but if the cross-claim is severed, the district court loses jurisdiction over it.  Plaintiff filed a diversity action against…

Bank of New York Mellon v. Citibank

A declaratory relief claim based on equitable subrogation in a priority dispute between two home equity lines of credit is not governed by a three-year limitations period and so was wrongly dismissed.  A borrower engaged in a double refinancing of his existing HELOC, secured by a second deed of trust in favor of Citibank.  Countrywide…

Leighton v. Forster

Since a non-contingent contract for attorney fees between a lawyer and client must be in writing and signed by both parties in order to be enforceable, agreement which client never executed was not enforceable, and the statute of limitations had already passed on a quantum meruit action by the lawyer.  Under B&P Code 6148, a…

Blanchette v. Superior Court

A plaintiff-buyer’s notice that does not satisfy the Right to Repair Act’s requirement of describing a construction defect in reasonable detail nevertheless is sufficient to trigger the builder’s 14 day time period for acknowledging receipt of the notice.  Under the Right to Repair Act (Civ. Code 895-945.5), a plaintiff-buyer must give the developer notice of…

Vasserman v. Henry Mayo Newhall Memorial Hospital

District court properly denied defendant employer’s motion to compel arbitration of plaintiff workers’ wage and hour claims, since collective bargaining agreement’s arbitration clause covered only contract-related claims, not statutory claims.  A collective bargaining agreement can provide for arbitration of workers’ statutory claims as well as workers’ claims arising under the agreement.  However, to do so,…

Medina v. GEICO Indemnity Co.

A van the driver’s employer gave her for business and personal use was a non-owned vehicle furnished for the driver’s regular use and thus was excluded from coverage under the driver’s personal auto policy.  An auto insurer was properly found not liable for injuries its insured caused while driving a van that her employer had…