Weekly California courts’ case summaries and related news, from FindLaw.com.
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California Cases
Digest for Week of February 9th, 2017

California Case Summaries & Blog Posts

Case Summaries:
Blog Posts:

California Case Summaries


Vasserman v. Henry Mayo Newhall Memorial Hosp.

February 7, 2017
Civil Procedure, Dispute Resolution & Arbitration
(California Court of Appeal) - In a suit by a former employee against her former hospital employer for violations of the California Labor Code and other statutes relating to meal and rest breaks, unpaid wages, and unpaid overtime compensation, the trial court's denial of the hospital's motion to compel arbitraiton where: 1) this dispute is not over plaintiff's substantive rights, but instead the forum in which those rights are to be determined; 2) if those rights are to be determined only by arbitration, a collective bargaining agreement must make that clear; and 3) the collective bargaining agreement (CBA) here required arbitration of claims arising under the agreement, but it did not include an explicitly stated, clear and unmistakable waiver of the right to a judicial forum for claims based on statute.
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Agility Defense & Government Servs., Inc. v. US

February 6, 2017
Government Contracts
(California Court of Appeal) - In a government contractor's claim for an equitable adjustment arising out of its fixed price indefinite delivery contract with the Defense Logistics Agency (DLA)’s Defense Reutilization and Marketing Service (DRMS), the Court of Federal Claims' denial of the claim is reversed where: 1) the Claims Court's findings that DRMS did not inadequately or negligently prepare its estimates and that Agility did not rely on those estimates are clearly erroneous; and 2) Plaintiff’s receipt of scrap sales and the parties' agreement to clause H.19 do not preclude plaintiff from recovering under this claim.
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Stella v. Asset Management Consultants, Inc.

February 6, 2017
Property Law & Real Estate, Injury & Tort Law
(California Court of Appeal) - In a suit for intentional misrepresentation, fraud by concealment and related common law and statutory causes of action, the judgment of dismissal, entered after a judicial referee, appointed pursuant to Code of Civil Procedure section sustained without leave to amend the demurrers of all defendants to plaintiff's first amended complaint, is affirmed over plaintiff's contentions that: 1) the referee misapplied the delayed discovery rule and, as a result, incorrectly concluded each of his claims was barred as a matter of law by the applicable statute of limitations; and 2) the trial court erred in enforcing the judicial reference provisions in the limited partnership agreements at issue in the case.
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People v. Frutoz

February 6, 2017
Sentencing, Criminal Law & Procedure
(California Court of Appeal) - In a case in which defendant had two or more prior serious and/or violent felony convictions that were pled and proved, and his current offense was neither a serious nor a violent felony but the prosecution proved that during the commission of the current offense defendant was armed with a firearm and as a result, defendant was sentenced to an indeterminate term of life imprisonment, the sentence is affirmed over defendant's claim that the prosecutor may not plead and prove an allegation under Pen. Code section 1170.12(c)(2)(C)(iii), where the People appropriately pled and proved the clause (iii) factor as to the charge of felon in possession of a firearm.
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Cuenca v. Cohen

February 6, 2017
Administrative Law, Government Law, Property Law & Real Estate, Tax Law
(California Court of Appeal) - In a case concerning the effects of the elimination of the tax increment and dissolution of the Santa Ana Redevelopment Agency on the five stipulated judgments that required the City to set aside various percentages of the tax increment for low- and moderate-income housing projects, in which plaintiffs sought a writ of mandate to overturn California Department of Finance (DOF)'s determination that approximately $30 million set aside under the stipulated judgments was unencumbered and must be remitted to the county auditor-controller, the trial court's judgment affirming DOF's determination (except for a $3.5 million loan pledged to Habitat for construction of 17 affordable houses) is affirmed where: 1) Habitat has standing to participate in this appeal, and this case is not moot; 2) the stipulated judgments meet the definition of enforceable obligations under the Dissolution Law; 3) DOF's determination that the Dissolution Law requires the turning over of unencumbered moneys to the county auditor-controller does not violate the contract clauses of the United States or California Constitutions; and 4) the Dissolution Law's requirement that unencumbered funds be remitted to the county auditor-controller does not violate Proposition 1A or Proposition 22.
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California Law Blog Posts


Brush Up Your e-Commerce Litigation Skills at This Event

Casey C. Sullivan, Esq.
February 7, 2017
Jeff Bezos sold his first book on Amazon.com way back in 1995. (It was a copy of 'Fluid Concepts and Creative Analogies: Computer Models of the Fundamental Mechanisms of Thought' -- not exactly a best seller.) A decade later,...
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Late Tax Returns Bring Felony Charges

William Vogeler, Esq.
January 27, 2017
In a split decision, a state appeals court ruled that a California man may be prosecuted for felony tax evasion because he did not file timely tax returns for three consecutive years. The Fourth District Court of Appeal said evidence...
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Don't Forget: This Year's Bar Dues, MCLE Reporting Are Slightly Different

Casey C. Sullivan, Esq.
January 23, 2017
California lawyers, it's that time of year again: time to settle your account with the bar. Annual membership fees are due by March 1st. The deadline for reporting MCLE compliance is also fast approaching, if you're an attorney with...
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If no blog posts appear in this area, there are no new blog posts this week.

e-Commerce has exploded as a dominant means of conducting business, with people turning to the Internet for everything from purchases, to contract negotiations, to public discourse. 

The Rutter Group presents Traversing the Challenges of e-Commerce Litigation in Federal Court in four locations throughout California during the month of March.

U.S. District Court judges and a practitioner will present on issues to help you avoid common procedural pitfalls in Internet-based cases, including issues concerning subject matter and personal jurisdiction, service of process, e-discovery, navigating on-line privacy statutes, data breach, and cyber security.

Not only will you meet 3 hours of MCLE requirements (including 0.5 hour of Legal Ethics), you will also have the option to purchase related Rutter Practice Guide a half price!

 
Enroll Now
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