Table of Contents LATEST SUMMARIES Corporation & Enterprise Law, Corporation & Enterprise Law, Civil Procedure, Legal Malpractice, Contracts, Professional Malpractice
• Callahan v. Gibson, Dunn and Crutcher
Administrative Law, Administrative Law, Government Contracts, Labor & Employment Law, Contracts, Property Law & Real Estate, Administrative Law
• Oxbow Carbon & Minerals v. Dept. of Indus. Relations
Injury & Tort Law, Civil Procedure, Injury & Tort Law, Family Law, Labor & Employment Law
• Ceja v. Rudolph and Sletten
Civil Procedure, Injury & Tort Law, Contracts
• Innovative Bus. Partnerships v. Inland Counties Regional Ctr.
Criminal Law & Procedure, Criminal Law & Procedure, Entertainment Law, Criminal Law & Procedure, Sentencing, Intellectual Property, Copyright, Sanctions
• People v. Garcia
Injury & Tort Law, Civil Procedure, Government Law, Government Law
• Varshock v. Ca. Dept. of Forestry
Sentencing, Evidence, Criminal Law & Procedure
• People v. Robinson
Civil Procedure, Dispute Resolution & Arbitration, Civil Procedure, Contracts, Civil Procedure
• Chin v. Advanced Fresh Concepts Franchise Corp.
Civil Procedure, Contracts, Insurance Law, Government Benefits, Workers' Compensation
• Edward Carey Const. v. State Comp. Ins. Fund
Civil Procedure, Injury & Tort Law, Civil Procedure
• Doe v. Superior Court (Luster)
Labor & Employment Law, Civil Procedure, Civil Procedure
• Lawrence v. Hartnell Community College Dist.
Civil Procedure, Government Law, Administrative Law, Civil Procedure, Tax Law
• City of Fillmore v. State Bd. of Equalization
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LATEST SUMMARIES California Appellate Districts Corporation & Enterprise Law, Corporation & Enterprise Law, Civil Procedure, Legal Malpractice, Contracts, Professional Malpractice
Callahan v. Gibson, Dunn and Crutcher, No. B221338
In a dispute alleging professional malpractice arising from the drafting of a deficient partnership agreement by the defendant, summary judgment on the ground that action was time-barred is reversed because placement of actual injury upon the execution of the defective agreement was erroneous where CCP section 340.6 (a)(1), tolled the limitations period until plaintiff could establish a cause of action for legal malpractice. Read more... Administrative Law, Administrative Law, Government Contracts, Labor & Employment Law, Contracts, Property Law & Real Estate, Administrative Law
Oxbow Carbon & Minerals v. Dept. of Indus. Relations, No. B219504
In a labor and employment dispute involving the scope of Labor Code section 1720, judgment of the trial court denying a petition for writ of mandate following an adverse administrative ruling by Respondents is affirmed, because work paid for in part out of public funds constitutes public works under section 1720 such that it is subject to state prevailing wage law. Read more...
Injury & Tort Law, Civil Procedure, Injury & Tort Law, Family Law, Labor & Employment Law
Ceja v. Rudolph and Sletten, No. H034826
In a dispute arising from a wrongful death action filed by a putative spouse, CCP section 377.60, summary judgment on the basis that plaintiff was not a putative spouse is reversed because trial court applied wrong standard where CCP section 377.69 only requires that an alleged putative spouse believed in good faith that the marriage was valid, and the inquiry is not subject to an objective test. Read more... Civil Procedure, Injury & Tort Law, Contracts
Innovative Bus. Partnerships v. Inland Counties Regional Ctr., No. E049504
In an action for breach of contract, contractual and tortious breach of the covenant of good faith and fair dealing, and defamation, arising out of the alleged failure to comply with the Lanterman Developmental Disabilities Services Act, summary judgment of trial court in favor of defendant is affirmed in part and reversed in part where summary adjudication was proper as to defamation cause of action, but erroneous on all the other causes of action because there were triable issues of facts. Read more... Criminal Law & Procedure, Criminal Law & Procedure, Entertainment Law, Criminal Law & Procedure, Sentencing, Intellectual Property, Copyright, Sanctions
People v. Garcia, No. B222978
Conviction and sentencing of defendants on charges relating to the production of pirated movies and music is upheld as modified because trial court erred in ordering restitution for non-economic loss, but did not abuse its discretion by ordering joint and several restitution. Read more... Injury & Tort Law, Civil Procedure, Government Law, Government Law
Varshock v. Ca. Dept. of Forestry, No. D057709
In an injury and tort action alleging, among other causes of action, wrongful death, summary judgement in favor of defendant is affirmed because, when in conflict, Government Code section 850.4 immunity prevails over the Vehicle Code section 17001 exception where death or injury results from a firefighter's allegedly negligent operation of a motor vehicle at the scene of a fire while attempting to rescue persons from the fire and to extinguish the fire. Read more... Sentencing, Evidence, Criminal Law & Procedure
People v. Robinson, No. B223191
Conviction and sentencing of defendant for assault with a firearm, Penal Code section 245(a)(2), is upheld where: 1) limitation on the cross-examination of the prosecution gang expert was not an abuse of discretion nor unconstitutional; 2) trial court properly permitted impeachment of defendant on his prior conviction for carrying a loaded firearm in a public place; and 3) testimony of a rebuttal witness was properly admitted into evidence. Read more... Civil Procedure, Dispute Resolution & Arbitration, Civil Procedure, Contracts, Civil Procedure
Chin v. Advanced Fresh Concepts Franchise Corp., No. B223639
In a dispute involving the authority to determine the validity of an arbitration provision, judgment of trial court denying motion to compel arbitration on the ground provision was unconscionable is reversed because even if the delegation clause by itself is unconscionable, the other terms of the arbitration provision were severable and untainted. Read more... Civil Procedure, Contracts, Insurance Law, Government Benefits, Workers' Compensation
Edward Carey Const. v. State Comp. Ins. Fund, No. A128047
In an action for breach of contract and the implied covenant of good faith and fair dealing after denial of workers compensation benefits by defendant, summary judgment in favor of defendant is reversed because causes of action claimed by plaintiff are not barred by workers compensation exclusivity. Read more... Civil Procedure, Injury & Tort Law, Civil Procedure
Doe v. Superior Court (Luster), No. B228748
In a petition for a write of mandate arising from a discovery order, judgment of trial court that although petitioner was permitted to pursue her action under a fictitious name, she was required to provide verifications signed in her true name in connection with discovery responses is reversed, as on the facts of the case, petitioner may submit verifications with her fictitious name. Read more... Labor & Employment Law, Civil Procedure, Civil Procedure
Lawrence v. Hartnell Community College Dist., No. H035064
In a labor and employment dispute involving former employees of a college, judgment of trial court denying a petition for a writ of administrative mandamus to reinstate plaintiffs-employees to their former positions is affirmed where temporary reassignments were not demotions and the eventual separations of plaintiffs from employment were not terminations for cause. Read more... Civil Procedure, Government Law, Administrative Law, Civil Procedure, Tax Law
City of Fillmore v. State Bd. of Equalization, No. B219483
In a dispute arising for the reallocation of local tax revenues by defendant, judgment of trial court denying a petition for writ of mandate on the grounds that it lacks jurisdiction is reversed where: 1) petitioners need not wait until completion of administrative review proceedings before seeking relief in court; and 2) a supplemental administrative decision is final, thus compelling a writ of mandate to enforce it, because appeal of the decision was untimely. Read more...
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