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Attorney's Fees CA Supreme Court

Proskauer - California Employment Law

Hot PAGA Summer Rolls on with Another “Win” for Employers

The “Summer of PAGA” continued last week when the California Supreme Court ruled in Turrieta v. Lyft, Inc., Case No. S271721, that a plaintiff in a Private Attorneys General Act (PAGA) action does not have standing to...more

Jackson Lewis P.C.

California Supreme Court Clarifies Discovery Limitations and Severability in Arbitration Agreements

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The California Supreme Court issued its opinion in Ramirez v. Charter Communications, affirming in part that the arbitration agreement contained some substantive unconscionability but remanding the case to determine whether...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Troutman Pepper

In the Ninth Circuit Precision is Required in an Offer of Judgment

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A U.S. District Court in the Southern District of California recently held that a Federal Rule of Civil Procedure 68 offer of judgment must clearly state that attorneys’ fees and costs are limited or waived, as Arvest Central...more

Downey Brand LLP

Supreme Court Denies Review of California Appeals Court Ruling that State Water Board’s Duty to Prevent Waste and Unreasonable Use...

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On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - January 30 - February 3, 2023

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The California Supreme Court issued the following decision earlier this week: Travis et al. v. Brand et al., Case No. S268480: Government Code section 91003(a) gives trial courts discretion to award attorney’s fees to “a...more

Payne & Fears

Business Partners Beware: Siry Decision Likely Gives Commercial Disputes More Bite

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The California Supreme Court last week issued a decision in Siry Investments vs. Saeed Farkhondehpour that could dramatically expand the remedies available to partners or others in a commercial dispute who are victims of...more

Patton Sullivan Brodehl LLP

California Supreme Court: Penal Code Section 496(c) Can Apply To Business Disputes

In a long-awaited opinion — Siry Investment, L.P. v. Farkhondehpour — the California Supreme Court held that California Penal Code section 496 can apply to a business dispute. The opinion resolves a split of authority among...more

Allen Matkins

California Supreme Court Allows Treble Damages For Diversion Improper Limited Partnership Distributions

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Section 496(a) of the California Penal Code criminalizes the receipt of stolen property.  Section 496(c) provides that a person injured by a violation of Section 496(a) may "bring an action for three times the amount of...more

Hudson Cook, LLP

It Takes Two to Tango: Steps a Finance Company Can Take to Protect Its Toes from a Dealership Partner with Two Left Feet

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Finding a good dance partner can be difficult. If all goes well, your and your partner's steps and turns are in sync, and you both are happy with the resulting dance. But occasionally, your dance partner may make a misstep...more

Ballard Spahr LLP

CA Supreme Court rules FTC Holder Rule’s recovery limit does not include attorney’s fees when state law provides for attorney’s...

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The California Supreme Court has ruled in Pulliam v. HNL Automotive Inc. that the FTC Holder Rule’s limit on a consumer’s “recovery” to the “amounts paid by the debtor” under the contract does include the consumer’s...more

Locke Lord LLP

California Supreme Court Interprets ‎FTC “Holder Rule” to Allow Uncapped Attorneys’ Fees ‎Awards

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On May 26, 2022, the California Supreme Court issued its decision in Pulliam v. HNL Automotive Inc., et al., Case No. S267576, 2022 WL 1672918 (May 26, 2022). The court held that the Federal Trade Commission (FTC) “Holder...more

Troutman Pepper

California Supreme Court Prepares to Weigh In on Holder Rule

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On March 1, the Supreme Court of California held oral arguments in Pulliam v. HNL Automotive, Inc., No. S267576 (2021). The appeal may decide (at least under California state law) whether the Federal Trade Commission’s (FTC)...more

Sheppard Mullin Richter & Hampton LLP

Auto Finance Companies May Face Risk From Holder Rule, Pending California Supreme Court Case

Last month, the FTC issued an advisory opinion clarifying that the Holder Rule does not preempt any state laws that put more liability on banks that are the “holders” of a loan contract, and in particular, the rule does not...more

Ballard Spahr LLP

CA Supreme Court to decide if FTC Holder Rule’s recovery limit includes attorney’s fees

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The California Supreme Court recently agreed to hear an appeal in Pulliam v. HNL Automotive Inc., a case with significant implications for the amount of money a plaintiff can recover when proceeding against a dealer/seller...more

Perkins Coie

CEQA Year in Review 2020

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A Summary of Published Appellate Opinions Involving the California Environmental Quality Act - Despite relatively few published opinions this year, there were significant appellate court rulings on a range of topics,...more

Patton Sullivan Brodehl LLP

Penal Code Remedies for LLC Misappropriation?

Can the sledgehammer remedies of California Penal Code section 496 — treble (triple) damages and attorney fees — apply for misappropriation of an LLC’s property? The California Supreme Court is set to answer that question...more

Fisher Phillips

Supreme Court’s Decision Not To Review California’s Arbitration Framework Means We Have A Roadmap For Compliance

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The U.S. Supreme Court just did something that was more than just a bit out of character—it rejected the opportunity to find that California had once again overstepped its bounds by creating judicial rules disfavoring...more

Latham & Watkins LLP

CEQA Case Report: Understanding the Judicial Landscape for Development

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2018 Year in Review: Public agencies prevailed in 65% of CEQA cases analyzed. Over the course of 2018, Latham & Watkins lawyers reviewed all 57 California Environmental Quality Act (CEQA) cases, both published and...more

Perkins Coie

CEQA Year In Review 2018

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more

Proskauer - California Employment Law

California Employment Law Notes - November 2018

Employee Non-Solicitation Provision Was An Unenforceable Restraint - AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 2018 WL 5669154 (Cal. Ct. App. 2018) - AMN and Aya are competitors in the business of providing...more

Payne & Fears

Key California Employment Law Cases: August 2018

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This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks.   EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018)...more

Sheppard Mullin Richter & Hampton LLP

It’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt...

On May 14, 2018, the California Supreme Court issued its opinion in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co., No. S231549, slip. op. (Cal. Sup. Ct. May 14, 2018). In it, the Court narrowly construed the “good...more

Sheppard Mullin Richter & Hampton LLP

“Good Faith” May Not Be Good Enough: California Supreme Court to Decide When General Contractors Can Withhold Retention

It is industry standard in California for owners of a construction project to make monthly payments to a contractor for work it has completed, less a certain percentage that is withheld as a guarantee of future satisfactory...more

Allen Matkins

California Supreme Court Issues Critical Opinion Regarding Structure and Language of Contractual Attorneys' Fees Provisions

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The California Supreme Court recently issued its opinion in Mountain Air Enterprises v. Sundowner Towers, addressing a simple but important question regarding attorneys' fees provisions in commercial contracts: If a contract...more

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