Hupp v. Solera Oak Valley Greens Assn.

A mother is not bound by a pre-filing order that applies to her vexatious-litigant son, since her own filing sought relief on behalf of herself as well as the son.  Distinguishing Say & Say, Inc. v. Ebershoff (1993) 20 Cal.App.4th 1759 on the ground that it involved an alter ego corporation that was not a…

Tucker Ellis, LLP v. Superior Court

The attorney-work product privilege in documents prepared by a law firm’s employee-attorney while representing the law firm’s client is held by the law firm, not the employee-attorney who prepared the documents.  Nelson, an attorney, formerly employed by Tucker Ellis, a law firm, wrote emails (in his capacity as a Tucker Ellis employee) to a consultant…

Monster, LLC v. Superior Court

If a party seeks a contractual attorney fee award as an adjunct to a judgment, the court determines the fee award on motion after entry of judgment; but if the party instead seeks attorney fees as an item of damage in a suit on the contract, the claim is an ordinary contract claim on which…

Kirola v. City & County of San Francisco

Under Title II of the Americans with Disabilities Act, public entities are required to make public rights-of-way, pools, libraries, parks, and recreational facilities readily accessible to and useable by mobility impaired persons.  Title II of the Americans with Disabilities Act provides that no person shall be deprived of the benefits of a public entity’s services,…

Husman v. Toyota Motor Credit Corp.

Employee’s introduction of evidence of discriminatory remarks by an upper-level supervisor should have enabled him to survive summary judgment on his claim for discriminatory termination due to his sexual orientation, even though employer also introduced evidence of a non-pretextual non-discriminatory motive as well; mixed motives do not absolve the employer.  The trial court erred in…

Arias v. Raimondo

An employee may sue his employer’s outside counsel for conspiring with Immigration & Customs Enforcement to have him deported as an unregistered alien in retaliation for his having filed suit against the employer alleging a violation of the Fair Labor Standards Act.  The Fair Labor Standards Act’s anti-retaliation section 29 USC 215(a)(3) makes it illegal…

Brewster v. Beck

A California Vehicle code section requiring police to impound a car for 30 days when it is driven by an unlicensed driver is an unconstitutional seizure violating the Fourth Amendment since there is no justification for retaining the car after a licensed owner claims it.  This decision holds that California Vehicle Code 14602.6(a)(1) is unconstitutional…

Jordan-Benel v. Universal City Studios, Inc.

Defendant movie studio’s Anti-SLAPP motion was properly denied as plaintiff’s implied-in-fact contract claim was based on the unprotected act of not paying him for his story idea, not on the protected act of producing the film based on his idea.  The district court correctly denied defendant’s Anti-SLAPP motion to strike in this case in which…

Bristol-Myers Squibb Co. v. Superior Court

California cannot exercise personal jurisdiction over non-residents’ claims against a foreign corporation merely because the corporation engaged in the same conduct in California as to resident plaintiffs.  California cannot exercise general jurisdiction over Bristol-Myers, which is not incorporated in, nor does it have its principal place of business in, California.  California may exercise specific jurisdiction…

Hilliard v. Harbour

Senior citizen who held controlling interest in corporate borrower could not state elder abuse claim against lender that foreclosed on borrower; the senior citizen suffered only derivative harm; any damage claim belonged solely to the corporate borrower.  Hilliard, a 78-year-old, owned a controlling interest in Crystal Companies, which owned radio stations.  Wells Fargo lent $20…

Guido v. Mount Lemmon Fire Dist.

The federal Age Discrimination in Employment Act applies to all state and local government agencies without regard to the number of workers they employ, though it applies to private employers only if they have 20 or more workers.  Disagreeing with four other circuits, the Ninth Circuit finds that the definition of “employer” in the Age…

Zubillaga v. Allstate Indemnity Co.

Summary judgment for insurer on bad faith claim is reversed due to a triable issue as to whether insurer’s dispute about the claim amount was genuine since the insurer had not updated its medical expert’s opinion based on new evidence of the extent of the insured’s injuries.  Allstate was not entitled to summary judgment on…