Plaintiffs lost at summary judgment after bringing an action against a title company for overcharging for notary services performed through the title company’s escrow services company. The escrow instructions contained an attorney fee provision, and, under it, the trial court awarded the title company $266,801 for its attorney fees. The appellate court reversed the attorney fee […]
No Whistleblower Action If No Economic Harm To State Alleged.
The trial court granted summary judgment to the employer, and the appellate court reversed, stating: “We reverse the summary judgment on three of [plaintiff’s] causes of action, and affirm the judgment for [employer defendant] on two others. Because [plaintiff] did not demonstrate that the fraud alleged in one of his causes of action under the […]
Business Judgment Rule Does Not Shield Cooperative.
A dairy cooperative instituted production quotas for its members and reduced payments for milk deliveries in excess of the quotas. One co-op member brought an action for breach of contract claiming his quota was too low. The contract required the co-op to accept all of the milk from its members “subject to the right of the […]
No Prescriptive Easement Created When There Was An Existing Permissive Easement.
Plaintiff sought to establish a permissive easement over two access roads on undeveloped land against two defendants, one of whom had authorized use of the roads. The trial court granted judgment in favor of both defendants, holding plaintiff’s use of the land was expressly authorized by a prior permissive easement, so no prescriptive easement was created. […]
Retirees May Pursue Action For Lifetime Medical Benefits From University Of California.
When Lawrence Livermore National Laboratory was operated by the University of California, all retirees received University-sponsored group health insurance benefits. In 2007, management and operation of Livermore was transferred to a private consortium, and in 2008 retirees’ University-sponsored group health benefit was terminated. Retirees brought an action for mandamus against the Regents, claiming inter alia that the […]
Primary Assumption Of The Risk In Caring For Alzheimer’s Patient.
A man contracted with a home care agency to provide care for his wife who suffers from Alzheimer’s disease. The wife injured the caregiver, and the caregiver brought an action against the husband and wife for negligence and premise liability. The trial court granted summary judgment to the husband and wife, and the appellate court […]
Unlicensed General Contractor Required To Disgorge All Compensation For Its Services.
A dispute over a construction project went to arbitration. One party argued the unlicensed general contractor was required to disgorge all compensation for services pursuant to Business and Professions Code section 7031, but the arbitrator rejected the argument and found for the unlicensed general contractor. The trial court denied a motion to vacate the award and entered […]
Arbitration Ethics Violated.
By the time a medical malpractice case was arbitrated, the lawyer for the defendant doctor was “. . . doing [alternative dispute resolution] with ADR Services, Inc. . . . .” Neither the lawyer nor the arbitrator revealed to plaintiff that the defense lawyer had joined the arbitrator’s arbitration/mediation firm. The arbitrator found in favor of […]
Coverage Excluded For Ordinance or Law Under Homeowners Policy.
Plaintiffs’ homeowners policy reads: “We do not insure under any coverage for any loss which is caused by one or more of the items below, regardless of whether the event occurs suddenly or gradually, involves isolated or widespread damage, arises from natural or external forces, or occurs as a result of any combination of these: a. […]
Employer Mandated Tip Pooling Not Illegal.
Class action plaintiffs alleged their casino employer violated Labor Code sections 351 and Code of Civil Procedure section 631.8. The appellate court affirmed, stating that “given the absence of legislative intent to prohibit employer-mandated tip pooling,” it could not conclude the practice is illegal. Avidor v. Sutter’s Place, Inc. (Cal. App. Sixth Dist.; January 23, 2013) 212 Cal.App.4th 1439.
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