Since its enactment in 2019, Code of Civil Procedure 1281.98, which governs arbitration fee payments, has been inviolate: arbitrators do not have the unilateral power to extend the fee payment deadline; “checks in the mail”...more
In Part Five of the New Laws series from Best Best & Krieger LLP (BBK), new legislation for 2025 focusing on the Brown Act, Environment, Public Contracts, Affordable Housing, Elections and Employment Law includes key...more
On April 4, 2019, Vadim Gorobets sued Jaguar Land Rover North America, LLC based on allegations the defendant had violated the Song-Beverly Consumer Warranty Act (California’s “lemon law”). On October 15, 2020, defendant...more
California employers will soon be able to more easily obtain temporary restraining orders (TROs) to protect employees from harassment before conduct has escalated to acts of violence or credible threats of violence under a...more
Those who litigate in California state courts, take note: Changes are coming to the state’s summary judgment statute for the first time in 20 years. Assembly Bill 2049 (AB 2049), signed into law this summer, introduces...more
While many Californians consider the legality of cannabis to be settled law, the ongoing conflict between California and federal laws on the subject continue to give rise to unexpected outcomes when it comes to real property...more
The Third District Court of Appeal held that it was proper to award respondents costs for the preparation of CEQA administrative record documents as the prevailing party, even though petitioners had elected to prepare the...more
Lawyers, like all humans, experience the full gamut of life’s difficulties. Sometimes those intrude into the practice of law itself, up to and including CEQA litigation. On September 26, 2024, the First District Court of...more
A recent California appellate case clarifies the application of the statute of limitations to trust amendments. In Smith v. Myers (2024) 103 Cal.App.5th 586, a dispute arose between the decedent’s children and his widow...more
Lawyers love obscure rules about giving three-day notices—the kind that California landlords hate. The decision in City of Alameda v. Sheehan, published September 13, 2024, teaches that there is a wrong way to issue a notice...more
The obvious preference for the average person is never to be involved in litigation. For those forced to become party to a lawsuit, however, the dream then becomes prevailing on a motion for summary judgment. With such a...more
Q: I am a receiver for a partnership. I was appointed pursuant to a stipulation between the current partners and a secured creditor. After an extensive investigation, I have sued the former managing partner and her mother to...more
Since its enactment, California courts have universally established the California Code of Civil Procedure section 1281.97 et seq., which governs the timely payment of fees in arbitration, allows no room for error....more
California’s anti-SLAPP statute (Code of Civil Procedure section 425.16) aims to protect defendants from meritless lawsuits designed to chill “protected activity” — i.e., the exercise of rights of petition (litigation) or...more
California lawmakers released their proposed amendments to California’s Private Attorneys General Act (“PAGA”) in two companion bills: SB 92 and AB 2279. The legislature must vote on the bills by June 27. While the...more
Garcia v. Stoneledge Furniture LLC, 102 Cal. App. 5th 41 (2024) - Summary: Although parties may delegate questions regarding the validity of an arbitration agreement to the arbitrator, the delegation presupposes the existence...more
Arbitration agreement enforcement continues to take up California court space. Recently, a wave of cases highlights for restaurant and food service industry and other employers the importance of timely payment of arbitrator...more
A foreclosure sale purchaser attempting to evict a tenant on the property can encounter pitfalls, as made clear in a series of court cases in recent years. Here is a summary, capped by an update on a recently filed opinion: ...more
The Empire Struck Back last week when the California Court of Appeal held that the state’s latest back-door attempt to outlaw employment arbitration by any means necessary is preempted by the Federal Arbitration Act (FAA). ...more
In BTTHM Berkeley, LLC v. Johnston (No. A163300, filed March 28, 2024 and certified for partial publication), the California Court of Appeal, First District affirmed a trial court’s grant of a motion to enforce a settlement...more
In Gramajo v. Joe’s Pizza on Sunset, Inc., Case Nos. B322992/B323024 (Cal. App. Mar. 25, 2024), the California Court of Appeal held that employees who win in court on a claim for minimum or overtime wages must be awarded at...more
On February 27, 2024, the California Second District Court of Appeal issued an opinion in Jacob Ayers v. FCA US, LLC (B315884), in which it reversed the Los Angeles County Superior Court’s cost judgment following the...more
The California Court of Appeals recently revisited the issue of the draconian deadline for paying arbitration fees established by California Code of Civil Procedure section 1281.97. In Suarez v. Superior Court of San Diego...more
Until recently, California courts were split on whether Private Attorneys General Act (“PAGA”) claims could be dismissed for a lack of “manageability” – referring to the practicality of effectively conducting a trial on the...more
In Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court jump-started 2024 with a boon to employees, ending trial courts’ inherent authority to dismiss unmanageable claims under the Private Attorneys’ General...more