Does laches bar beneficiary’s action filed after settlor’s death contesting capacity to amend trust when issue known long before death?

Posted by Steven Vartabedian on

In Drake v. Pinkham (published 6/21/13) 2013 DJDAR 8028, appellant and respondent were the surviving daughters of mother, the settlor of a revocable trust. Their father and mother had a living trust that provided upon one’s death there would be a split into a survivor’s trust to support the survivor, and a family trust that […]

Continue to Article »

May City avoid, based on policymaking powers, collectively bargained MOU arbitration regarding grievance over mandatory employee furloughs?

Posted by Steven Vartabedian on

In City of Los Angeles v. Superior Court ( filed 6/21/13) S192828, City, after declaring a fiscal emergency, placed civilian employees on a mandatory unpaid furlough requiring one less 8-hour work day during each 80-hour work period. Employees filed grievances. Wage and hour provisions of the collectively bargained MOU provided that employees would be compensated […]

Continue to Article »

Where law firm represents a company and a member against another member of the company giving rise to hypothetical conflict of interest, but no actual conflict or reasonable likelihood exists, must law firm be disqualified?

Posted by Steven Vartabedian on

I am becoming more and more convinced that trial courts should be more restrained in disqualifying law firms based on mere appearances of potential conflicts of interest. That certainly seems to be the message in a trend of appellate cases. And I may have been a participant in this trend, when I authored the opinion […]

Continue to Article »

Must medical provider prove charges were “reasonable and necessary” in seeking lien on portion of award for medical expenses patient received from third party?

Posted by Steven Vartabedian on

The Court of Appeal, Fourth Appellate District, Division One, answers, “yes.” Sounds pretty straight-forward. But more may be involved here than meets the eye. To place this question in context, when a party without medical coverage is injured in an automobile accident, that party might say to the treating hospital, “Just bill the liability insurance […]

Continue to Article »

Classifying So-Called “Multitasking” As Either Exempt or Nonexempt Time

Posted by Nathan Powell on

To properly classify a supervisor as exempt under the California executive exemption, an employer must establish that the supervisor is “primarily engaged” in duties which meet the exemption test. Generally, the key duties include management of the enterprise or a customarily recognized department or subdivision thereof; directing the work of two (2) or more other […]

Continue to Article »

Is plaintiff’s initial statutory offer to settle extinguished regarding expert costs incurred after that offer yet before a second one, where judgment met or beat either offer?

Posted by Steven Vartabedian on

In Martinez v. Brownco Construction Company, Inc. (published opinion file June 10, 2013) S200944, Gloria Martinez offered to compromise her loss of consortium claim concerning serious injuries suffered by her husband, co-plaintiff Raymond, via two settlement offers pursuant to California Code of Civil Procedure section 998. In August 2007, she offered by way of a […]

Continue to Article »

Can the alleged reckless failure of outpatient treating medical professionals to refer elder’s case to vascular specialist constitute elder abuse?

Posted by Steven Vartabedian on

In Winn v. Pioneer Medical Group, Inc. (published opinion filed 5/24/13) B23712, the 83-year-old patient of the defendant medical group died in January 2010 from blood poisoning after emergency vascular surgery was unsuccessful in stemming her long-term vascular impairment. She had been treated by defendants for about 10 years, and she was under their sole […]

Continue to Article »

Unpaid Interns – Is An Individual’s Agreement to Work for Free Enough?

Posted by Mark Kruthers on

California has long prohibited employees from waiving their right to be compensated for services performed for an employer. As many companies know, even if an employee signs a settlement agreement releasing all claims for monies owed, that agreement is not binding with respect to undisputed wage claims. Likewise, employees who voluntarily agree, in writing, to […]

Continue to Article »

Can pay, based on hours worked with no guaranteed minimum, be deemed a “salary,” making employee exempt from overtime?

Posted by Steven Vartabedian on

California Labor Code section 515, subdivision (a), sets forth the requirements for determining whether an employee may be classified as exempt from pay requirements including those with respect to overtime: (1) the primary job duties are executive, administrative or professional), (2) the work involves the regular exercise of discretion and independent duties, and (3) the […]

Continue to Article »

Is the full amount billed for medical care admissible at personal injury trial to prove past medical, future medical or general damages?

Posted by Steven Vartabedian on

The recent appellate opinion in Corenbaum v. Lampkin (filed 4/30/13) 2013 DJDAR 5591 answers “no” on all counts. The California Court of Appeal, Second Appellate District, Division Three, determined that only the actual amount paid for past medical care (here, as is typical, the discount rate paid by the medical insurer) is relevant and admissible. […]

Continue to Article »