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.
17. The End of Labor Code Section 558; Bad News for California Employees
16. Notice Prejudice Case; Removal Case; Privacy Rights; Driver Privacy Protection Act; Arbitration of UCL Claim; Trail Immunity
15. Small Inflatable Pools; Good News For Lawyers Handling Consumer Class Actions.
14. Beating MSJ in a Discrimination Case; Successfully Fending Off Arbitration By Arguing Waiver
13. Breach of Confidentiality Clause; J&J Talc Case; Personal Injury Case; A Rogue Juror; Abuse Case; Insurance Case & Interpreting Contracts
12. FEHA; Attorneys Fees in Lemon Law Cases; Medicare in Personal Injury Cases; Attorney Fees in Civil Rights Action; RFAs; Burden of Proof for Reducing Future Damage Awarded
11. Facebook & The Telephone Consumer Protection Act; Lawyers Getting Petty; Professional Negligence & CPAs; Clarifying Rule 4-2; Manhattan Community Access Corp Case
10. Case Certification; Insurance Case; Decertification and Standing; UCL Claim; Civility and the Law
9. Waiving Right to Arbitration; Handling Insurance Company Claim; 9th Circuit Court of Appeal Arbitration; CAFA; SoCal Gas Leak Case; Mandatory Fee Arbitrations Over Attorney Fees
8. Class Action Fairness Act; Treble Damages Under Penal Code; Failure to Prosecute; Picking Off Class Representatives; One-Way Attorney Fee Statute
7. Arbitration; Primary Assumption of Risk; Insurance Cases
6. Juror Misconduct & Collateral Source Rule; Forum Selection Clauses; 5 Year Rule in A "Death Knell" Doctrine; Uninsured Motorists Within an Umbrella Policy; PAGA & Claim Splitting
5. Good News in Trucking Employment Cases; Cautionary Tales About Deadlines
4. SCOTUS Ruling in Epic Systems in PAGA Cases; Denying Class Certification; Religious Org. Exemption; Relief Under CCP 473b; Elder Abuse Cases; Deadlines for Removing Fed. Court Case
3. Cy Pres; Default Judgment PAGA Cases; Declarations in Malpractice; DQ of Lawyers in Partnership Disputes; Self-Insured Retention & Coverage; Liability of a Fraternity
2. Equitable Tolling; Piece Rate Work & Meal Breaks; Application of Forum Selection Clauses; Seeking Disqualification of Lawyers; Post-PAGA Actions
1. Enforcing Arbitration Clauses; Challenging Judges; Expert Declarations; False Advertising Claims; Construction Defect Class Actions
Introducing: Civil Action with Brian & Shant
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