Civil Action with Brian & Shant
Government
Brian and Shant discuss the following:
OTO v. Kho: An arbitration agreement ruled void and unenforceable due to unconscionability.
Lopez v. Bartlett Care Center: A wrongful death matter that confronts the issue of agency authority and substantive unconscionability. The Court held that an arbitration agreement signed by a daughter on behalf of her mother was procedurally unconscionable because the mother was not present when the daughter signed the agreement where the care center asserted the contrary. Moreover, the Court held the agreement substantively unconscionable because the provisions in the agreement were substantially one-sided.
Bustos v. Wells Fargo: A close look at the provisions of the California Homeowners Bill of Rights (CABOR) and what remedies it provides. The Court held that the bank was in violation of the CABOR and in response granted injunctive relief in the form of a Temporary Restraining Order (TRO) in addition to $4,200.00 in attorneys fees. Wells Fargo argued that the plaintiff was not entitled to injunctive relief because the matter was not finalized based upon the grant of the TRO and therefore not a prevailing party. However, the Court disagreed and found that a TRO is a Preliminary Injunction and therefore Plaintiff is in fact a prevailing party.
Arias v. Residence Inn by Marriott: A case dealing with an employment class action and the implications of the Class Action Fairness Act (CAFA) for the purposes of removal and remand.
Mancini Associates v. Schwetz: A look at an award of attorney fees arising from the breach of an agreement.
Davis v. Ross: A dispute over a disabled parking spot leads a woman to a felony vandalism conviction. She then sues the victim of her vandalism and loses because of the principle of Litigation Privilege after a Motion for Judgment on the Pleadings. She argued the concept of spoliation of the evidence and the Court ruled that the argument only applies to non-communicative conduct and is also subject to the Litigation Privilege.
Episode 76: What Your Expert Witnesses Want You to Know
Episode 75: Tort Reform, Ron DeSantis, Remote Appearance, and AI
Episode 74: Starting Your Own Firm with Alexandra Steele Cooper.
Episode 73: Dr. Sohee Jun on Women and Imposter Syndrome in the Law
Episode 72: Court Reporter Crisis and Disney v. DeSantis
Episode 71: Working with Victims of Sexual Abuse
Episode 70: Annie Martin-McDonough Talks the Tort of Seduction
Episode 69: Gender Bias: A Conversation with Anastasia Mazzella and Marina Pacheco
Episode 68: Figuring Out Insurance Policy Limits In Your PI Case with Stephanie Charlin.
Episode 67: Can you pop the Lid On a UM/UIM Policy?
Episode 66: Sexual Abuse Case Filing Process for Statute 340.1
Episode 65: Why Corporate America Wants a Conservative Supreme Court.
Episode 64: PAGA - What just happened here?
63: Harry Plotkin Shares His Thoughts On the Significance of Proper Jury Selection to Win Cases.
62: The Future of Law School: A Conversation With Michael Waterstone, Dean of Loyola Law School, Los Angeles.
61: What a PI Lawyer Needs To Know About Family Law. A conversation with Ron Brot.
60: Is PAGA in Trouble?
59: Popping the Policy – Developments in Insurance Bad Faith Law
58. Civil Procedure Cases Pt. 4
57. Insurance Cases Pt. 2
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