June 2017
Where plaintiff-shareholder’s financial elder abuse claims are derivative, judgment on demurrer was proper. Hilliard; 1st Dist. A146330.
Attorney-in-fact exceeds authority under power of attorney to admit principal, precluding enforcement of arb. Hutcheson; 3d Dist. C074846.
Denial of motion to compel arbitration reversed where arb agreements covered claims asserted. Laymon; 1st Dist. A147464.
Court lacks jurisdiction to review order striking class allegations because voluntary dismissal is not final decision. Microsoft;USSC 15-457
Plaintiffs may pursue elder abuse claims against insurance advisors who took advantage of cognitive issues. Mahan; 1st Dist. A147236.
Employer’s admission of vicarious liability does not shield it from claim for punitive damages. CRST; 2d Dist. B280270.
Insured homeowner entitled to repair cost for fire-damaged home even though it exceeds home’s value. Garnes; 1st Dist. A143190.
District court may not remand sua sponte for procedural defects in removal, which may be waived. Corona; 9th Cir. 15-16783.
Employers may not require workers to be on-call during an off-duty rest period; denial of class cert reversed. Bartoni; 1st Dist. A143784.
May 2017
Amended complaint that completely alters class definition does not defeat CAFA’s minimal diversity reqmnt. Broadway; 9th Cir. 17-15499.
Nonsignatory to arb agreement may compel arb under doctrines of equitable estoppel and agency. Garcia; 4th Dist. G052872.
FAA preempts Kentucky rule requiring principal’s authorization before waiving principal’s jury trial rights. Kindred; USSC 16-32.
Officers immune from excessive force claim despite inconsistencies in their stories about the shooting. S.B.; 9th Cir. 15-56848.
Practice tip: After trial, put objections and rulings from sidebar or in chambers into your new trial declaration.
Pasadena not immune from liability for injuries suffered by child who was struck by golf ball. Garcia; 2d Dist. B267613.
Qui Tam suit properly dismissed where company was not original source of the information. Amphastar; 9th Cir. 14-56382.
A claim alleging that the denial of tenure was discriminatory is not subject to an anti-SLAPP motion. Park; Cal. Sup. S229728.
In medical malpractice suit, refusal to admit evidence of plaintiff’s future health benefits warrants new trial. Cuevas; 1st Dist. A143440.
Practice tip: During trial, put objections and rulings on the record and file any depo excerpts that were shown or read.
Where whistleblower was not original source, he cannot intervene in government’s false claims suit. Prather; 9th Cir. 14-17434.
Wage disparity based on prior salary alone is valid affirmative defense under Equal Pay Act, warranting sj. Rizo; 9th Cir. 16-15372.
Practice tip: Put all limine rulings on the record and be vigilant when the issue resurfaces.
Where plaintiff alleged no facts supporting finding that advertising claims were false, dismissal affirmed. Kwan; 9th Cir. 15-15496.
Plaintiff lacks standing to bring elder abuse action against siblings on behalf of mom; demurrer was proper. Tepper; 2d Dist. B269900.
Mandatory trip to stockyard before paid workday may be “special errand” under going and coming rule. Sumrall; 4th Dist. G052678.
Practice tip: To preserve a claim of juror bias, voir dire should be transcribed and questions must be specific.
Insured’s tender of defense expenses not subject to willful misconduct coverage exception; reversed. Stein; 2d Dist. B265069.
Where elderly employee made prima facie showing of age discrimination, sj reversed. Santillan; 9th Cir. 15-55238.
Practice tip: Of the three factors governing appeals (waiver, error, prejudice), you control two: avoiding waiver and documenting prejudice.
Where park’s fallen tree caused injury, paid entry bars recreational use immunity; msj properly denied. PG & E; 1st Dist. A146495.
April 2017
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Despite its own negligence, general contractor may be entitled to indemnification for sub’s negligence. Oltmans; 1st Dist. A147313.
Where discovery referee had broad authority, imposition of monetary sanctions is appealable order. Lindsey; 4th Dist. G052016.
In class action suit for defective autos marketed in CA, court had no jurisdiction over foreign defendant. Williams; 9th Cir. 15-55924.
Where substantively unconscionable term can be severed, arbitration agreement is enforceable. Farrar; 1st Dist. A146944.
Given limiting instruction, court correctly admitted letter showing defendant knew asbestos was harmful. Phillips; 5th Dist. F070761.
Order erroneously vacated jury’s punitive damage finding on nursing facility’s malice, oppression, fraud. Jarman; 4th Dist. G051086.
Where arbitrator was unaware of and so did not disclose connection to law firm, award was still valid. ECC Capital; 2d Dist. B265760.
Where plaintiff failed to show probability of asbestos exposure from defendant’s products, msj affirmed. Johnson; 1st Dist. A131975.
Plaintiff suing school district failed to comply with Government Claims Act; suit barred. J.M. V. Huntington Beach; Cal. Supr. S230510.
Practice Tip: Make your record before, during, and after trial—this will avoid waiver and show prejudice, two factors that govern on appeal.
Where homeowner was victimized by lender’s unfair business practices, sj was reversed. Oskoui; 9th Cir. 15-55457.
Before discharging juror, court must conduct adequate inquiry of allegations. Shanks; 2d Dist. B268459.
Where PAGA suit has indiv non-PAGA claims, challenge to pleadings (not move to compel arb) is proper. Betancourt; 4th Dist. E064326.
Practice Tip: On a posttrial claim of juror misconduct or bias, include declarations showing attorney did not know of the conduct/bias.
A defense voc rehab examination (not expressly authorized under Discovery Act) may not be compelled. Haniff; 6th Dist. H043345.
Denial of any fees as to three of plaintiff’s four attorneys constituted abuse of discretion. Gonzalez; 6th Dist. H041997.
Absent sufficient notice and opportunity to challenge, award of punitives exceeded arbitrator’s power. Emerald; 4th Dist. D070579.

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