California’s Second District Court of Appeal holds that a plaintiff who sues a public entity before the 45-day claims-response period expires cannot cure the defect by voluntarily dismissing and refiling after the claim is denied.
The Second District Court of Appeal reversed denial of arbitration in a lemon law case, holding that the plaintiff failed to dispute the existence of arbitration agreements in both the lease and the manufacturer’s warranty booklet.
California appellate court holds that a nonsignatory defendant cannot compel arbitration by relying on generic boilerplate agency allegations in an unverified complaint as judicial admissions.
California appellate court reverses juvenile’s commitment to a Secure Youth Treatment Facility because the minor’s most recent offense by date was not a qualifying crime under section 707(b).
California appellate court rules that defendants must be allowed to argue aggravating sentencing factors to a jury, reversing an upper-term firearm enhancement where the trial court denied closing argument on those factors.
Second District holds that an employee’s erratic and irrational behavior at work — including statements about killing his stepmother and inanimate objects laughing at him — did not charge employer with knowledge of a mental disability under FEHA, because disability was not the ‘only reas
The Second District reversed summary judgment for State Farm, finding triable issues on whether a pinhole pipe leak met the policy’s seepage exclusion and whether the insurer acted in bad faith by reversing its own coverage determination.
The Second District upheld LA’s post-COVID eviction-threshold ordinance as a valid exercise of city police power, but struck down its relocation-assistance mandate as preempted by the Costa-Hawkins Act.
Second District reverses $19,285 in sanctions because the movant’s notice of motion lacked a hearing date, holding that LA County’s electronic filing system does not excuse noncompliance with section 128.7’s mandatory safe harbor provisions.
Second District reverses judgment on the pleadings in Proposition 65 enforcement action against Kroger and other grocery companies, holding that providing outside counsel contact information in the 60-day notice substantially complies with California Code of Regulations title 27, section 25903.