Does injured exerciser, who signed release of liability, present triable issue of gross negligence for health club’s inaction on various machine clip problem raised earlier?

Posted by Steven Vartabedian on

In Grebing v. 24 Hour Fitness (pub. ordered 2/19/15) B255866, plaintiff was injured on a low row machine when the clip connecting a handlebar to a cable/pulley assembly attached to weights failed. Plaintiff had read a warning on the machine advising users to be sure the safety clip was in working order prior to use. Additionally […]

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WARNING!! AN ELECTRONIC SIGNATURE MAY NOT BE AN ENFORCEABLE “ELECTRONIC SIGNATURE”

Posted by Daniel O. Jamison on

California’s Uniform Electronic Transactions Act (“UETA”) at Civil Code sections 1633.1 et seq. provides at section 1633.7; “(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used […]

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May courts review arbitration award consistent with employment agreement forbidding outside work where employee exercised unwaivable statutory right?

Posted by Steven Vartabedian on

In Richey v. AutoNation, Inc. (filed 1/29/15) S207536, the California Supreme Court responds, “No.”   The court concluded that even if the arbitrator in that case committed error in accepting the untested “honest belief” defense, any error did not deprive the employee plaintiff of an unwaivable statutory right because of the overriding rationale that employee was […]

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New Requirements For Commercial Landlords

Posted by Dowling Aaron on

Effective January 1, 2015, commercial landlords are prohibited from entering into leases or other occupancy agreements that include any unreasonable restriction or prohibition on the installation or use of an electric vehicle changing station (“EV Station”) in a parking space associated with the commercial property. AB 2265 was enacted in an effort to promote, encourage […]

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Must an employer compensate 24-hour shift employee for on-site sleep time?

Posted by Steven Vartabedian on

In my December 18, 2013 blog article, I commented on the California Supreme Court action in granting review of and depublishing the Court of Appeal opinion in Mendiola v. CPS Security Solutions Inc. I noted there may be no safe haven to allow most employers to contract away employees’ claims for wages for employer-controlled sleep […]

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Employee security screening time in departing from warehouse work site is not compensable under FLSA, but California employers beware.

Posted by Steven Vartabedian on

The Federal Labor Standards Act of 1938 (FLSA), which provides minimum wage and overtime compensation to employees for hours worked per week in excess of 40, was amended by Congress in 1947 (Portal-to-Portal Act) to exempt an employer from liability for (1) time spent by employee traveling to work site, and (2) activities preliminary or […]

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Claim arbitrator exceeded his powers in defining “prevailing party” is not reviewable on attorney fee determination.

Posted by Steven Vartabedian on

In Safari Associates v. Superior Court (Tarlov) (filed 12/2/14) 2014 DJDAR 15943, Tarlov had been the managing partner of Safari. The parties reached a settlement of disputes arising from the termination of this relationship in the form of a release agreement. That agreement specified that Safari’s claim for reimbursement for personal expenses paid by Tarlov […]

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Underinsured motorist insurer is allowed to deduct from payment to insured monies received from third party general liability insurance.

Posted by Steven Vartabedian on

It is commonly assumed that underinsured motorist coverage pays a maximum of the difference between the underinsured coverage limit and the at-fault driver’s bodily injury limit. Not so. In Elliott v. Geico Indemnity Company (filed 11/19/14) 2014 DAR 15495, Christina Elliot’s husband was killed when his motorcycle was struck by a drunken driver, Lesa Shaffer, […]

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Is the manufacturer of alcoholic beverage the “furnisher” of for purposes of immunity from liability for product’s effect in causing injury?

Posted by Steven Vartabedian on

23-year-old Ron Fiorini was shot to death in Fresno, California, by police after he displayed bizarre behavior with a firearm. He had recently consumed two cans of a 23.5 ounce alcoholic beverage, purchased at a convenience store; the product was “Four Loko.”  This product contained as much alcohol (a depressant) per can as five to […]

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