The trial judge denied defendant employer’s petition to compel arbitration in a wrongful termination case after finding the arbitration agreement was unconscionable. The arbitration agreement was presented to the plaintiff employee on a take-it-or-leave-it basis and his signature was a precondition to employment. But plaintiff contended he was already on the job working for over a week before […]
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 […]
A Valentine Noncompetition Issue.
In a divorce proceeding, the court awarded the community business to the husband and issued an order restraining the wife from working in the same business, anywhere, for five years. The appellate court discussed that an agreement restraining someone from engaging in a lawful occupation is void pursuant to statute [Business and Professions Code section 16600], […]
Trading In Unregistered Stock.
The Securities and Exchange Commission disciplined a financial corporation for violating sections 59 and 5(c) of the Securities Act of 1933 [15 U.S.C. §§ 77e(a) and 77e(c)] which prohibit the sale or offer of sale of a security without filing a registration statement. Petitioners argued to the Ninth Circuit that the brokers’ exemption applied to their […]
Was Sexual Harassment A Substantial Motivating Reason?
Plaintiff contended he was fired in retaliation for reporting allegations of sexual harassment and a jury awarded him $238,328. The trial court instructed the jury with CACI No. 2430, the 2012 version. Citing Harris v. City of Santa Monica (2013) 56 Cal.4th 203, [294 P.3d 49, 152 Cal.Rptr.3d 392] the appellate court reversed for a new […]
Ralphs Grocery Company’s Arbitration Agreement Found Unconscionable.
In her application for employment at a grocery chain, a woman signed an agreement to arbitrate any disputes. One of the provisions permits the grocery chain to unilaterally modify its arbitration policy without notice. Another specifies that each party must bear its own costs and fees. Another provides for a complicated procedure for selecting an arbitrator. […]
Post-Riverisland World: Estimates Can Support A Claim For Fraud.
After a tenant moved into a shopping center, its share of expenses for property taxes, insurance and common maintenance substantially exceeded the landlord’s pre-lease-signing estimates. The tenant sued for fraud, rescission based on mutual mistake, mistake of fact, breach of lease and breach of the implied covenant of good faith and fair dealing. The trial court […]
Actions Under California’s Unfair Competition Law (UCL) Are Not Precluded By Congress’ Repeal Of Federal Lawsuits Under Truth In Savings Act.
The provision in the federal Truth in Savings Act [TISA; 12 U.S.C. § 4301] which permitted private civil actions was repealed in 1996. The California Supreme Court issued an opinion on the issue of whether or not California’s Unfair Competition Law [UCL; Business & Professions Code section 17200 et seq.] may be based on violations of […]
Moradi-Shalal Does Not Preclude Unfair Competition Law (UCL) Claims.
The California Supreme Court clarified one of the perceived limitations resulting from its holding in Moradi-Shalal v. Fireman’s Fund (1988) 46 Cal.3d 287, [758 P.2d 58, 250 Cal.Rptr. 116]. The case addresses whether insurance practices that violate the Unfair Insurance Practices Act [UIPA; Insurance Code section 790 et seq.] can support an Unfair Competition Law [UCL; […]
Use Of Likeness Of College Athletes Not Protected By First Amendment.
Football players Samuel Keller, Edward O’Bannon, Jr., Byron Bishop, Michael Anderson, Danny Wimprine, Ishmael Thrower, Craig Newsome, Damien Rhodes and Samuel Jacobson brought a class action against a video game company asserting the company violated their right of publicity under Civil Code section 3344 and California common law. The video company moved to strike plaintiffs’ […]
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