Second District affirms summary judgment for medical group under the going and coming rule in case where employee struck a bicyclist while turning into a parking lot during her morning commute, holding that the employee’s permission to work from home on certain days did not convert her home in
Second District reverses summary judgment for malicious prosecution defendant, holding that an English-language declaration purportedly reflecting the words of a witness who could not read or speak English is not competent evidence without attestation from a qualified interpreter or translator.
Second District affirms denial of Blue Origin’s motion to compel arbitration of former employee’s FEHA sexual harassment and other claims, holding that the arbitration agreement is both substantively and procedurally unconscionable due to lack of mutuality and one-sided carve-outs, and t
Second District holds that Penal Code section 3051 youth offender parole hearings are constitutional as applied to forcible sex offenders sentenced under section 667.6’s full consecutive sentence scheme, finding that section 3051 did not improperly amend Proposition 83 (Jessica’s Law).
Second District reverses denial of motion to compel arbitration in nursing facility wage and hour class action, holding that three arbitration-related onboarding documents must be construed together and form an enforceable agreement despite minor ambiguities and the typical procedural unconscionabil
Second District rejects facial Second Amendment challenges to California’s prohibitions on assault weapons, short-barreled shotguns, silencers, and large-capacity magazines, holding that these regulations survive scrutiny under Heller, Bruen, and the common use test.
Second District reverses denial of class certification in 28-day shuffle case under Civil Code section 1940.1, holding that whether a hotel qualifies as a residential hotel turns on building-wide use patterns rather than individualized proof of each class member’s primary residence.
Second District holds that a public employee union did not clearly and unmistakably waive its right to bargain over an outsourcing decision through an MOU clause referring to “reorganization,” reversing dismissal of an unfair practice charge against Los Angeles County.
Second District holds that a jury’s not-true findings on personal firearm use and a robbery special circumstance do not collaterally estop a resentencing court from finding the defendant was the actual killer in a Penal Code section 1172.6 hearing, applying People v. Santamaria and joining Peo
Second District holds that the family law court retains discretion under Family Code sections 2030 and 2032 to consider parties’ relative financial circumstances when fixing attorney’s fees, even where a marital settlement agreement contains a contractual prevailing party fee clause.