An employee filed a wage and hour claim. His employer filed a declaratory relief action alleging its arbitration with the employee required the employee’s wage and hour claims to be arbitrated on an individual basis rather than classwide. The employee petitioned the trial court to order the employer to submit its declaratory relief claims to […]
This Contract Was Definitely Breached…So Was The Sewer Pipe.
Plaintiffs entered into contracts to have their telephone, internet and satellite television services installed. The installation did not go as planned, as a technician drilled through a sewer pipe. Plaintiffs brought an action for breach of contract, negligence and other torts. A jury awarded $109,000 in damages and the court entered judgment. On appeal, the […]
Competitive Bids Not Required For School District.
The question before the court was: Does Education Code section 17406 exempt school districts from obtaining competitive bids when entering into what are known as “lease-leaseback” agreements to improve school property? The appellate court concluded the answer is “yes” because the language of the statute is “plain, unambiguous and explicit, and does not impose bid […]
Court Erred In Denying Fee Award Because Memorandum Of Costs Not Also Filed.
A settlement agreement resolving a wrongful termination action required the former employees to return certain of the employer’s property and that the employees not disclose certain information. When some documents were not returned and some disclosures were made, the former employer proceeded to arbitration under the terms of the settlement agreement, and the arbitrator awarded […]
Attorney Stiffed For Contingent Fees Must Sue The Client, Not The Second Attorney For Breach Of Contract, But May Bring Both Client And Second Lawyer Into A Declaratory Relief Action To Set The Reasonable Value Of Services.
Plaintiff was the first lawyer to represent two clients in a personal injury case. Defendant was the second lawyer. Defendant obtained a settlement payment for the clients which he deposited in his client trust fund account. Plaintiff demanded payment of attorney fees from defendant; when he was unsuccessful, he sued defendant on the theory he […]
Arbitration Agreement Not Unconscionable.
Plaintiff and defendant entered into an employment contract. One of the provisions stated: “All disputes among the parties arising out of or related to this Agreement which have not been settled by mediation shall be resolved by binding arbitration within the State of Washington. . . .” Another provision stated: “This agreement shall be governed by, construed […]
Legal Malpractice Statute Of Limitations.
Plaintiff hired a lawyer to represent her in litigation. After settlement, plaintiff sought a refund of unearned attorney fees she had advanced as the lawyer had written her a letter stating she had a credit balance of $46,321.85 and the invoice so reflected. When the refund was not forthcoming, she hired another lawyer to try […]
Another Arbitration Provision Found Unconscionable.
Defendants brought a petition to compel arbitration based on the following provision in their written agreement with plaintiffs: “If a dispute arises between Home Defender Center and Client regarding Home Defender Center’s actions under this agreement and Client files suit in any court other than small claims court, Home Defender Center will have the right […]
Arbitration Agreement Found Unconscionable [“Nothing in fine print is ever good news.” Andy Rooney].
Car wash employees brought a class action against car wash companies. On defendants’ petitions for arbitration, the trial court concluded the arbitration agreement was unconscionable and refused to enforce it. Agreeing the arbitration agreement “suffered from multiple defects demonstrating a systematic lack of mutuality that favored the car wash companies,” the appellate court affirmed. (Carmona […]
And BTW, Can’t Assume You’re Covered Just Because You Have Insurance.
In 1989, plaintiff contracted spinal meningitis, resulting in the amputation of both hands at the wrists and both legs below the knees and was fitted for prostheses which were covered under her father’s insurance plan. Able to live independently with the prostheses, she was later covered under her employer’s medical insurance plan. In 2009, her […]
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