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.
37. Civil Procedure – Personal Jurisdiction and Choice of Law; Childhood Sexual Abuse Statute of Limitations; Appealing a Statement of Decision; Relief Under 473b and its Limitations
36. Defense Perspective from Dana Fox and Eddie Ward of Lewis Brisbois
35. COVID-19 Business Interruption Claims
34. Tort Cases – Substantial Factor Test; Primary Assumption of Risk Doctrine; Going and Coming Rule and An Exception; Immunity for Police Officers Engaged in a High-Speed Pursuit
33. Meal & Rest Breaks; Replacement Class Representative; Classification Exemptions; Objection to Class Settlements
BONUS CONTENT: Interview with Niall McCarthy at the 2019 CAOC Convention in San Francisco
BONUS CONTENT: Interview with Minh Nguyen at the 2019 CAOC Convention in San Francisco
BONUS CONTENT: Interview with Greg Bentley at the 2019 CAOC Convention in San Francisco
32. The Perils of Litigation Funding
BONUS CONTENT: Interview with Craig Peters at the 2019 CAOC Convention in San Francisco
BONUS CONTENT: Interview with Ray Boucher at the 2019 CAOC Convention in San Francisco
31. Trail Immunity; Standard for Gross Negligence; The Discovery Rule and Fair Debt Collections Act; Single Employer Doctrine
30. Difficult Clients; Fee Arbitration Between Lawyers & Clients; DocuSign; Reducing Punitive Damages
BONUS CONTENT: Interview with Steve Vartarzarian at the 2019 CAOC Convention in San Francisco
29. Attorney Fees in a Class Action; Waiver of a Jury Trial in an Agreement; Service on Government Entities; Interest Rates, Usury Laws, Referendums & How they Interact
BONUS CONTENT: Interview with Bill Shapiro at the 2019 CAOC Convention in San Francisco
BONUS CONTENT: Interview with Casey Johnson at the 2019 CAOC Convention in San Francisco
28. Involuntary Releases in Class Actions; The Death Knell Doctrine; Phelps Factors; Assembly Bill 9
BONUS CONTENT: Interview with Mary Alexander at the 2019 CAOC Convention in San Francisco
27. Arbitration Agreements; Fair Credit Reporting Act; Standing Under Article III; Right to Administrative Remedies; Distinctions Between Procedural & Substantive Unconscionability
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