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Litigation

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Fazel v. Pete Fowler Construction Services — Litigation Privilege Bars Negligence Suit Against Expert for Defective Repair Recommendations

California’s Fourth Appellate District held that California’s absolute litigation privilege bars a property owner from suing an opposing construction expert for negligence in formulating repair recommendations contained in a litigation expert report, even after those repairs failed.

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Guthrie v. Transamerica Life Insurance Co. — Class Certification Denied for UCL Claims Over Bundled Life Insurance Premium

California’s First Appellate District affirmed denial of class certification in a UCL action alleging Transamerica’s bundled Trendsetter LB life insurance policy misled buyers about the cost of included accelerated death benefits, holding that individual differences in agent communicatio

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Div. of Occupational Safety & Health v. Uber Technologies, Inc. — Court of Appeal Upholds Cal/OSHA’s Power to Subpoena Uber Over Gig Worker’s On-the-Job Death

California’s Second Appellate District held that Cal/OSHA can compel Uber to produce records about a deceased Uber Eats driver’s employment status even without first proving the driver was an employee, but remanded for narrowing of overbroad document requests.

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Taduran v. Glidewell Dental — Court Affirms Per-Employee Reduction Method for PAGA Penalties and Negative Lodestar Multiplier on Attorney Fees

The Fourth District affirmed a PAGA judgment in which the trial court reduced penalties on a per-employee (not per-pay-period) basis and applied a 0.70 downward multiplier to the attorney fee lodestar, holding that neither the PAGA statute nor applicable precedent limits the court’s discretion

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County of Del Norte v. Britt — Homeowners Wrongly Named in Housing Receivership Can Recover Attorney Fees from the County

When a county names the relatives of a deceased property owner in a housing receivership proceeding and then fails to establish their liability, those relatives are entitled to recover attorney fees from the county under Health and Safety Code section 17980.7(c)(11), which overrides the older, more

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Forward, Inc. v. MacOmber — General Supervisory Authority Over State Agencies Is Not Enough to Sue State Officials Under Federal Environmental Law

The Ninth Circuit holds that a landfill owner suing California’s CDCR Secretary and DGS Director for RCRA hazardous waste violations ran into Eleventh Amendment immunity because general supervisory authority over agencies is not a “fairly direct” connection to the specific violatio

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