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.
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.
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.
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.
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.
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,...
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...
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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