Plaintiff brought a class action against defendant under 15 U.S.C. § 1679 (the Credit Repair Organizations Act; CROA). The federal trial court entered summary judgment in favor of defendant, reasoning defendant did not make any promises of credit improvement but instead promised to provide consumers’ credit score. The Ninth Circuit reversed, finding defendant is a credit […]
Class Action Not Certified.
A home warranty provider, the defendant in this action, records all incoming and outgoing telephone calls. A customer placing an inbound call is told: “To ensure the highest quality service your call may be monitored or recorded.” Plaintiff filed a class action against the defendant alleging it violates Penal Code section 632 which prohibits the intentional […]
Homeowner’s Insurance Company Did Not Comply With The Right To Repair Act Before Completing Repairs.
When the owner purchased a home, he signed a document which advised him of the prelitigation procedures required in the Right to Repair Act [Civil Code section 895]. Six years later, when the home was vacant, a property manager discovered a water leak, and the owner notified his insurance company. The insurance company hired workers to […]
California Has Specific Jurisdiction & Defendant Must Defend Itself Here.
In an attempt to collect a judgment, a bank sued a New Zealand company for fraudulently transferring and sequestering the debtor’s assets. The trial court granted the New Zealand company’s motion to quash service of summons for lack of personal jurisdiction. On appeal, the appellate court framed the issue as follows: “The primary issue presented is […]
She Acted Outside The Course And Scope Of Her Employment? C’mon . . . How Can You Say That?
A staffing company assigned one of its employees to work as a medical assistant at a customer’s facility, and the medical assistant poisoned a coworker. According to the allegations, the medical assistant and the coworker had some sort of disagreement about how to stock supplies. Sometime later, the coworker drank from her water bottle and her […]
Hospital’s Peer Review Process Meets Whistleblower Laws.
A hospital terminated a doctor’s staff privileges, using its quasi-judicial peer review procedure. In his tort action against the hospital and others, the doctor claimed he was terminated in retaliation for reporting substandard performance by the hospital’s nurses. Health and Safety Code section 1278.5, declares it is the public policy of California to encourage members of […]
Service Of Process On A Corporation In California.
Our Code of Civil Procedure provides a number of ways to serve process on a corporation doing business in the state. The most common method is by service on the corporation’s designated agent for service of process. (Code of Civil Procedure section 416.10, subdivision (a).) Otherwise, a corporation may be served by personally delivering a summons and complaint […]
No Intentional Interference With Prospective Economic Advantage.
A beer importer disapproved of an agreement whereby one of its distributors agreed to sell its beer distributorship to another distributor. When the importer, pursuant to its contractual right, disapproved of the sale, the beer distributorship was sold to another distributor. The scorned distributor brought an action against the importer for intentional and negligent interference with […]
State Law Claims Are Not Preempted If They “Would Impose No Greater Burden Than Those Imposed By Federal Law.”
In a class action complaint, pleading violations of California’s consumer protection statutes, filed in federal court, plaintiff alleged the coating on sunflower seeds contained salt and that salt coating was not included in the sodium content per serving listed on the package. The district court granted defendant’s motion to dismiss. The Ninth Circuit reversed, stating: “The […]
Right To Repair Act Is Not The Exclusive Remedy In Construction Defect Cases.
A construction company built a home, which was purchased from the developer by plaintiff. In her action against the builder and developer, plaintiff alleged the home suffered from numerous construction defects. The trial court granted defendants’ summary adjudication of issues after defendants argued the Right to Repair Act [Civil Code section 895, et seq.] provides the […]
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