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 […]

Continue to Article »

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, […]

Continue to Article »

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 […]

Continue to Article »

May a jury conclude that, although the availability of an employee’s vehicle confers some benefit on the employer, it did not confer sufficient benefit to render the employer vicariously liable for the negligent operation of the vehicle by employee while driving home from the workplace?

Posted by Dowling Aaron on

After exiting employer Tamco’s parking lot to go home, employee Luis Del Rosario’s vehicle collided with the motorcycle of San Bernardino County Deputy Sheriff Daniel Lobo, killing Lobo; Tamco was sued as a defendant in the wrongful death claim of Lobo’s heirs. Four years ago, in Lobo v. Tamco (2010) 182 Cal. App.4th 297 (Tamco […]

Continue to Article »

In a wage and hour class action, where a corporation with no employees owns a corporation with employees, and the former exercises some control over the latter and its employees, may the former be an “employer” of the latter’s employees?

Posted by Steven Vartabedian on

The answer: yes, as stated in the very first paragraph of Castaneda v. Ensign Group, Inc. (filed 9/15/14) B249119, following rehearing.  There, the Court of Appeal, Second Appellate District, Division Six, reversed the summary judgment that had been granted dismissing Ensign from the action. Castaneda filed a class action on behalf of himself and other […]

Continue to Article »
1407598024j9vyy-thumb-250x373-87114

Does in-home caregiver assume the risk of injury caused by the acts of the Alzheimer patient that care was being provided to?

Posted by Steven Vartabedian on

In Gregory v, Cott (filed 8/4/14) 2014 DJDAR 10271, the family of 85-year-old Alzheimer patient Lorraine Cott had contracted with a home health care agency to assist her. The agency assigned its employee, plaintiff Carolyn Gregory, to perform services under this contract. Gregory was trained in caring for Alzheimer’s patients, had performed such assignments in […]

Continue to Article »

Is evidence of shopping center’s subsequent remedial measure of hiring a security service admissible to prove causation of an armed robbery suffered by a tenant?

Posted by Steven Vartabedian on

In McIntyre v .The Colonies-Pacific, LLC (filed 7/31/14) D065469, at his jewelry store located in defendant’s shopping center, plaintiff McIntyre and his daughter were pistol whipped by two men who restrained them and robbed the store; McIntyre recognized the perpetrators as looking suspicious when they were in the store a week earlier. A few months […]

Continue to Article »
employer-thumb-250x187-86438

May an employer attribute commission wages to a different pay period than when paid to satisfy state’s compensation requirements?

Posted by Steven Vartabedian on

The fact that commissions earned by employees can both be delayed in payment and distributed in uneven increments creates some challenges. Under Federal law, an employer may attribute commissions to when they are earned (rather than when paid), or to other pay periods, so long as an employee is paid minimum wage in each pay […]

Continue to Article »
attorney-thumb-250x166-64600

Cal Supreme Court: Arbitration agreement waiver of right to class procedure approved; but right to bring PAGA representative action cannot be waived.

Posted by Steven Vartabedian on

In Iskanian v. CLS Transportation Los Angeles, LLC (filed 6/23/14) S20432, the California Supreme Court majority has delivered a split decision on the question of whether an arbitration agreement that waives a party’s right to bring a representative action on behalf of others is enforceable. Representative actions in the form of class actions brought to […]

Continue to Article »
Outpatient-thumb-250x167-66285

Must a managed care plan pay for Medi-Cal beneficiary hospital services in accordance with the providing hospital’s full billed charges concerning post-stabilization services not under contract?

Posted by Steven Vartabedian on

In Children’s Hospital Central California v. Blue Cross of California (filed 6/10/14) F065603, Blue Cross, in providing a managed care plan, paid $4.2 million to Children’s Hospital for a 10-month period of coverage without written contract rates for post-stabilization care. Payment was based on the Medi-Cal rates paid by the government. Children’s Hospital sued for […]

Continue to Article »