LATEST SUMMARIES
BANKING LAW, CIVIL PROCEDURE, CLASS ACTIONS, CONSUMER
PROTECTION LAW, DEBT COLLECTION
Fireside
Bank v. Superior Court of Santa Clara County, No.
S139171
In a class action brought against a bank
arising out of certain debt collection attempts, a court of appeals'
judgment denying bank's challenge to a ruling on the substantive
merits of the action is reversed where the trial court abused its
discretion in ruling on the merits concurrent with deciding that a
class could be certified, but before class notice had gone out. Read
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CIVIL PROCEDURE, LABOR & EMPLOYMENT LAW,
RETAIL
Murphy
v. Kenneth Cole Prods., Inc., No. S140308
In the
context of workplace-related claims for meal and rest periods, the
"additional hour of pay" provided for in Labor Code section 226.7
constitutes a wage or premium pay subject to a three-year statute of
limitations, and not a penalty subject to a one-year statute of
limitations. Read
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