In a mass action in which defendant invoked the Class Action Fairness Act of 2005 (CAFA) mass action provision as the basis for removing to federal court eight products liability suits filed against it in state court, the district court's judgment, holding that removal jurisdiction does not exist... Read On
In defendant's appeal from a judgment confirming a $30 million arbitration award consisting of significant punitive damages, arising out of his conviction wire fraud and awarded after a hearing which defendant elected not to attend, the trial court's denial of defendant's motion to vacate the awa... Read On
In a shareholder derivative action on behalf of a company, alleging that individual members of the company's board and affiliated entities improperly exploited their control of the corporation in entering into three separate self-dealing transactions, the district court's dismissal of the complai... Read On
In an action alleging several claims under the California Fair Employment and Housing Act, denial of defendant's petition to compel arbitration is affirmed where: 1) defendants failed to prove plaintiff agreed to arbitrate a claim; and 2) the arbitration provision contained in the Agreement was u... Read On
In a petition for writ of mandate in an underlying Code of Civil Procedure section 404.1 coordination action involving 470 civil cases, alleging Ford breached warranties with respect to cars equipped with the DPS6 transmission, and in which the coordination judge refused to add to the coordinatio... Read On
In an action for personal injuries brought in Santa Clara, CA, against a manufacturer of bicycle components, alleging negligence, strict products liability, breach of the implied warranty of merchantability, and breach of the implied warranty for a particular purpose, defendant's petition to revi... Read On
A party to an arbitration proceeding under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) can obtain review of the arbitration order, as provided in 29 U.S.C. section 1401(b)(2), by commencing an action by filing a complaint. Here, the amended complaint related back to the filing d... Read On
In an action brought by parent's challenging the detention of their children for six months, specifically, the two months they were detained in Orange County before the case was transferred to Los Angeles, the trial court's grant of summary judgment to social worker-defendants is affirmed where: ... Read On
In an action brought by truck drivers challenging the grant of the motion of real party in interest to compel arbitration of petitioners' wage and hour complaints to the Labor Commissioner, relief is granted where the evidence proferred in opposition to the motion to compel arbitration provided s... Read On
In a commercial action, brought by a commercial fisherman challenging various provisions of the Magnuson-Stevens Fishery Conservation and Management Act, the district court's grant of summary judgment to the government is affirmed where plaintiff's suit was not filed within the thirty-day statute... Read On
After a Mother's successful challenge to an administrative order declaring that she should be reported to the statewide child abuse index for what was deemed excessive discipline of her 12-year old daughter, the trial court's award of only a portion of her requested attorney fees is remanded wher... Read On
In a former employee's single-count representative action filed under the California Private Attorney General Act, Labor Code section 2698 et. seq.(PAGA), alleging retailer/employer defendant had violated numerous Labor Code laws, the trial court's order denying the motion to compel arbitration i... Read On
In a trust case in which a wife agreed to hold funds in trust for her husband's elderly stepmother, and after her husband's death, the wife changed the form of the accounts and used the funds for her own purpose, the trial court's judgment in favor of wife-defendant under Code of Civil Procedure ... Read On
In a criminal action, the petition for a writ of mandate is granted. The court held that Vehicle Code section 23640's bar on pretrial diversion in cases charging a DUI under section 23152 or 23153 does not apply to veterans or active duty military members who meet the criteria for pretrial divers... Read On
In a case in which a case a State treated as community property and awarded to a veteran's spouse upon divorce a portion of the veteran's total retirement pay, and long after the divorce, the veteran waived a share of the retirement pay in order to receive nontaxable disability benefits from the ... Read On
In a complaint alleging that defendants delayed competitors from marketing generic versions of the diabetes drug ACTOS by falsely describing two patents to the Food and Drug Administration, thereby causing plaintiffs to pay monopoly prices for the drug in violation of state-law analogs of the She... Read On
In a Mother's appeal from the juvenile court's order terminating parental rights over her children, the court's order is affirmed where, although the juvenile court erred by terminating Mother's parental rights without first considering her Welfare and Institutions Code section 388 petition, no m... Read On
In an action brought by Mother and presumed Father of nine-year-old and four-year-old appealing the juvenile court's order pursuant to Welfare and Institutions Code section 366.26 terminating their parental rights and identifying adoption as the permanent plan for children, the order is remanded ... Read On
In a Mother's appeals from juvenile court orders establishing jurisdiction over the Daughter and bypassing family reunification services for Mother, and the juvenile court's assertion of jurisdiction over Son, the orders are: 1) affirmed in part where, assessed under the relevant legal standard, ... Read On
In a Mother and Father's appeal from the juvenile court's order terminating parental rights to six-year-old daughter, five-year-old son and three-year-old son pursuant to Welfare and Institutions Code section 366.26, the juvenile court's order is reversed where, in a matter of first impression, t... Read On
