What is the effect of the U.S. Supreme Court’s invalidation of a California rule imposed to refuse enforcement of arbitration provisions upon similar cases?

Posted by Steven Vartabedian on

The U.S. Supreme Court found in At&t Mobility LLC v. Concepcion (2011) 563 U.S. ___ [131 S.Ct. 1740] that a California Supreme Court rule stated in that case, which found the arbitration clause agreed upon between the parties was invalid due to unconscionability, was preempted by the Federal Arbitration Act. Shortly before Concepcion, the state […]

Continue to Article »

Under what circumstances will a non-settling medical malpractice defendant found liable at trial pay only a token amount to plaintiff as a result of other defendants’ pretrial settlement?

Posted by Steven Vartabedian on

The case of Rashidi v. Moser (filed 9/23/13) 2013 DJDAR 12903 provides such circumstances. And the circumstances are not terribly unusual. What causes a virtual victory here for to a losing defendant is the confluence of the following statutes: California Civil Code section 3333.3 (MICRA), section 1431 (Prop 51), and Code of Civil Procedure section […]

Continue to Article »

May an employer who requires employee to use her vehicle be liable for employee’s negligence en route to personal business in the course of driving home?

Posted by Steven Vartabedian on

In Moradi v. Marsh USA, Inc. (filed 9/17/13) 2013 DJDAR 12540, Judy Bamberger worked as a salesperson-marketer for Marsh, an insurance broker. She was required to use her personal vehicle under a “car allowance” program; two to five times a week she would use it primarily for off-site appointments, meetings, and transporting Marsh executives and […]

Continue to Article »

Does employee’s statutory right to indemnity for attorney fees in defending action obligate employer to pay for attorney who duplicates work of employer-provided attorney?

Posted by Steven Vartabedian on

Labor Code section 2802, subdivision (a), requires an employer to indemnify its employee for “necessary” expenditures or losses incurred as a direct consequence of the employee carrying out his employment duties. In Carter v. Entercom Sacramento, LLC (filed 9/3/13) 2013 DJDAR 11886, Carter, as an employee of defendant’s radio station, helped conduct an ill-conceived water-drinking […]

Continue to Article »

Can commercial tenant sue landlord based on inaccurate pre-lease estimates of shopping center pro-rata costs portion of its rent?

Posted by Steven Vartabedian on

In Thrifty-Payless, Inc. v. The Americana at Brand, LLC (certified for publication 8/14/13) 2013 DJDAR 10838, plaintiff, doing business as Rite-Aid, leased commercial space at defendant’s shopping center in Glendale. Prior to execution of the lease, the parties negotiated through a letter of intent (LOI). In their final LOI, defendants stated that, as a part […]

Continue to Article »

May employer who served alcohol at company party be vicariously liable for intoxicated employee’s tortious conduct after he had reached his home?

Posted by Steven Vartabedian on

It has long been black-letter law that an employer may be held vicariously liable for torts committed by an employee acting within the scope of employment. (Mary M. v. City of Los Angeles (1991) 54 Cal.3d 202, 208.) But in the context of an employee consuming alcohol during an employer party, must the act of […]

Continue to Article »

May law firm that represented now-deceased spouses in preparing their wills and trusts represent trustees against wife’s personal representative?

Posted by Steven Vartabedian on

Rulings on motions to disqualify opposing counsel have in recent months and years regularly found their way into the appellate courts. Some of these reviews have been by way of appeal as appealable injunctive orders. Others have taken the petition for writ of mandate route. The latter route was taken in Fiduciary Trust International of […]

Continue to Article »

May a trial court award defendant expert witness fees under CCP section 998 after plaintiff declined offer and then dismissed action?

Posted by Steven Vartabedian on

California Code of Civil Procedure section 998, subdivision (c) (1) states, “If an offer made by a defendant is not accepted, and the plaintiff fails to obtain a more favorable judgment or award . . . the court or arbitrator . . . in its discretion, may require the plaintiff to pay a reasonable sum […]

Continue to Article »

Do You Have to Pay Employees to Be On-Call and For Sleep Time?

Posted by Daniel Klingenberger on

An on-going class action lawsuit against a security guard company seeks compensation for time the guards spent sleeping in company provided housing units and for time the guards were on-call. In the recent decision of Mendiola v. CPS Security Solutions, Inc. (2013) Cal. App. Lexis 528, a California Court of Appeal decision addressed the challenging […]

Continue to Article »

ABA Journal Blawg 100 Amici

Posted by Steven Vartabedian on

I wish to extend to those of you who have utilized this blog as a resource to go to the ABA Journal’s Blawg 100 Amici web page. You will see that the ABA is working on its annual list of 100 best legal blogs. If you think this blog qualifies, please fill out the form […]

Continue to Article »