In a retail sales contract, the plaintiff signed a stack of papers and never saw the arbitration clause. Plaintiff individually and as a class representative, brought an action against the automobile dealership for violating the Consumer Legal Remedies Act [CLRA; Civil Code §1750 et seq.], the Automobile Sales Finance Act [Civil Code §2981 and for […]
City Enjoined From Outsourcing.
The plaintiff, a union representing city employees, brought an action against the City for injunctive relief based upon a proposed outsourcing plan and layoff notices sent to over 100 employees. The trial court granted a preliminary injunction enjoining the City from contracting with a private entity for any of the services that are performed by […]
Insurance Company Can Require Insured To Obtain Its Consent Before Assigning Interest In Policy.
One Fluor Corp. assigned its rights under liability policies to another Fluor Corp. when they underwent complex corporate restructuring. In a declaratory relief action, the liability insurer objected that its approval was not given pursuant to a consent to assignment provision in the policy. Fluor contended the provision was void under an 1872 statute which […]
Rescue Dog Must Be Returned.
Plaintiff is a shelter that rescues animals. Spaying and neutering shelter animals is part of the organization’s mission to reduce the pet overpopulation problem, and is also required by Food and Agriculture Code §30503(a)(1). A dog named Lilly was placed with defendant, but at the time, Lilly was still too sick to be spayed. Defendant […]
In California, Some Covenants Not To Compete Are Okay; Some Are Not.
Defendant sold his stock in Crave Entertainment Group to Handleman Company. As part of the stock purchase agreement, defendant signed a three-year covenant not to compete. At the same time, he signed an employment contract with Crave, by then owned by Handleman. The employment agreement contained a one-year covenant not to compete which would become […]
Actress, Lisa Kudrow, “Pheobe” On Friends, Was Sued By Her Personal Manager. The Manager’s Expert’s Declaration In Opposition To Kudrow’s Motion For Summary Judgment Raised Questions Of Fact; Summary Judgment Reversed.
An entertainer (Lisa Kudrow) terminated the services of her personal manager, and the trial court granted summary judgment in favor of the entertainer after the manager brought a breach of contract action claiming he should continue to receive a percentage of her income pursuant to custom and usage in the industry. The trial judge excluded […]
No Wrongful Termination When Contract Not Renewed.
Actress brought suit for wrongful termination after her contract for a sixth season of a television show was not renewed. The trial court denied defendant’s motion for a directed verdict, and defendant sought extraordinary relief. The Court of Appeal granted the petition, stating: “A cause of action for wrongful termination in violation of public policy […]
Hoist By Its Own Petard.
In an underlying suit, a worker sued a crane company for work-related injuries. The crane company cross-complained against the worker’s employer, seeking indemnity. There had been a form contract between the crane company and the employer which specified that Pennsylvania law would be followed. The trial court found the indemnity agreement was inapplicable to the […]
Terms On Back Of Unsigned Invoice Unenforceable.
C9 delivered helium-filled tanks to SVC in a “rush order” without having SVC sign the invoice. A boy was injured when one of the tanks fell on him. Both C9 and SVC settled the claim for the boy’s injuries. C9 sued SVC for indemnification because on the reverse side of the invoice there was a […]
Settlement Agreement Enforceable Under Tragic Circumstances.
While awaiting a ruling from the superior court on a petition to approve a settlement filed by a guardian at litem on behalf of a minor who suffered injuries on an all terrain vehicle, the minor died. The defendant opposed the petition, arguing the settlement was not enforceable because it had not been approved by […]