The Court of Appeal was asked to decide two issues in a matter involving the Sister State and Foreign Money-Judgments Act [SSFMJA; Code of Civil Procedure section 1710.10]: 1) “Is a judgment creditor which is a foreign limited liability company required to qualify to do business in California as a precondition to applying for entry of […]
Employers’s Demurrer Overruled On Appeal.
Plaintiffs worked for a company about to be sold. The owners allegedly promised that if plaintiffs would stay on until the sale was complete, they would be paid a bonus sufficient for them to retire. The company sold for $30 million and the promised bonuses were not paid. Plaintiffs brought an action for several causes of […]
Employer’s Malicious Prosecution Cross-Complaint Against Employee Tossed.
An employee sued his employer for wrongful termination. The employer cross-complained for malicious prosecution, contending the employee had maliciously prosecuted a meritless claim for unemployment insurance benefits. The employee’s special motion to strike under the anti-SLAPP statute [Code of Civil Procedure section 425.16] was denied. The court of appeal reversed, stating: “Having determined that the malicious […]
Evidence Permitted Against Defendant Dismissed Pursuant To Nonsuit.
A woman underwent the surgical removal of her gallbladder. Problems started the next day with shortness of breath, low blood pressure and chest pain. She was taken to ICU and multiple tests and procedures were performed. She was placed on a ventilator. A problem ensued with the ventilator and a nurse manually provided oxygen while a […]
Pedestrian Did Not Qualify For Underinsured Motorist Coverage Of Her Father’s Insurance Policy.
Two pedestrians were killed by an underinsured motorist. The father of one of them, who had his own underinsurance coverage, claimed than his insurance company also provided insurance for his daughter. The daughter was 39 years old, and while she had lived with her father, for at least a year prior to the accident, she lived […]
Suit Based On Contents Of Television Script Is Subject To Anti-SLAPP Statute.
Defendant used the true names of his real estate agents in the early drafts of a television script. The agents sued for defamation and false light invasion of privacy. Defendant moved to strike the complaint under the anti-SLAPP statute but the trial court ruled the claims were not covered by the statute. The Court of Appeal […]
The Five-Year Rule Is Still Here.
Plaintiff filed a complaint on November 13, 2006. During the following years, there were various events. At one point, the trial court stayed the action while the parties engaged in mediation. One of the plaintiffs passed away. One of the defendants was in bankruptcy for many months. The complaint was amended five times. In May 2012, […]
Under Freedom Of Information Act Corporate Documents Are Not Exempted For “Personal Privacy.”
The U.S. Supreme Court ruled that the “personal privacy” exemption from disclosure under the Freedom of Information Act does not apply to corporations. The court held that corporations do not have “personal privacy.” FCC v. AT&T, Inc. (U.S. Supr. Ct.; March 1, 2011) 131 S.Ct. 1177, [179 L.Ed.2d 132].
Whether Standby Time Is Work Time, Requiring Compensation Is A Question Of Fact.
Employee of company providing emergency cleanup of the California coast was compensated for 12 hours per day for “work time.” But, in addition, he was on 45 minute standby duty for another four hours. He sought overtime pay for the standby time period and the trial court granted his employer’s motion for summary judgment. The Court […]
For Bringing Cases To Trial Partial Stay Does Not Toll Five-Year Statute.
Code of Civil Procedure section 583.310, requires that an action be dismissed unless it is brought to trial within five years from being filed. The statute exempts periods during which the action is stayed from the five year period. But the California Supreme Court held in Bruns v. E-Commerce Exchange, Inc. (Cal.Supr.Ct.; February 28, 2011) 51 Cal.4th […]
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