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.
BONUS CONTENT: Interview with Andy Speilberger at the 2019 CAOC Convention in San Francisco
26. Attorney Referral Services; Release of Liability in Self-Storage Facilities; Motion for Reconsideration Re Choice of Law; Joint Employer Doctrine
25. Design Immunity; The Consumer Legal Remedies Act (CLRA) and Who Qualifies as a Consumer; Standing to Appeal a Judgment in a Class Action; Attorney Fees & the Cost of Litigation
24. CIGA and the Impact on Medicare Payments; Federal Torts Claims Act (FTCA); Indemnification of Additional Insurers; Legislative Difference Between “Rate of Compensation” and “Rate of Pay”
BONUS CONTENT: Interview with Taylor Rayfield at the 2019 CAALA Convention in Las Vegas
23. Legal Malpractice Cases; The Joint Employer Doctrine; The Future of Dynamex and the Gig Economy
BONUS CONTENT: Interview with Michael Childress at the 2019 CAALA Convention in Las Vegas
22. Lawyers Trying to Fend Off Bad Reviews; Narrowing of the Joint Employer Doctrine; Challenges in Certifying a Class
21. A Dramatic Reading of Steinbeck; An Evangelist Grandmother’s Relationship with Her Granddaughter; Compelling Arbitration and Judicial Reference; Honolulu Discount; The Five-Year Trial Rule
BONUS CONTENT: Interview with Jake Courtney at the 2019 CAALA Convention in Las Vegas
BONUS CONTENT: Interview with Holly Boyer at the 2019 CAALA Convention in Las Vegas
BONUS CONTENT: Interview with Geoff Wells at the 2019 CAALA Convention in Las Vegas
BONUS CONTENT: Interview with Elise Sanguinetti at the 2019 CAALA Convention in Las Vegas
19. Armenian Genocide Insurance Litigation: Bad Faith Lawsuits Brought In The Wake Of The First Genocide of the 20th Century
BONUS CONTENT: Interview with James DeSimone at the 2019 CAALA Convention in Las Vegas
BONUS CONTENT: Interview with Christine Spagnoli at the 2019 CAALA Convention in Las Vegas
18. More Bad Decisions Regarding Arbitration
BONUS CONTENT: Interview with Genie Harrison at the 2019 CAALA Convention in Las Vegas
BONUS CONTENT: Interview with Robert Simon at the 2019 CAALA Convention in Las Vegas
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