Featured Articles

Extension of time and more briefs in County of Santa Clara v. Superior Court (Atlantic Richfield Co.)

Kimberly A. Kralowec
July 18, 2008 13:00

Last week, the Supreme Court gave itself an extension of time, through August 15, 2008, to grant or deny review in County of Santa Clara v. Superior Court (Atlantic Richfield Co.), no. S163681. This is the case that addresses whether...Last week, the Supreme Court gave itself an extension of time,...

Recent Ninth Circuit UCL decision: Clemens v. DaimlerChrysler Corp.

Kimberly A. Kralowec
August 13, 2008 13:00

In Clemens v. DaimlerChrysler Corp., ___ F.3d ___, 2008 WL 2840662 (9th Cir. July 24, 2008), the Ninth Circuit addressed the UCL's "fraudulent" prong: Generally, to be actionable under the UCL, a concealed fact must be material in the sense...In Clemens v. DaimlerChrysler Corp., ___ F.3d ___, 2008...

Recent Articles

Section 1021.5 does not require a prelitigation demand in non-catalyst cases: Vasquez v. State of California

Kimberly A. Kralowec
November 20, 2008 21:49

The Supreme Court's decision in Vasquez v. State of California, ___ Cal.4th ___ (Nov. 20, 2008) is now up. The Court held that in non-catalyst cases, section 1021.5 contains no "categorial" rule requiring a prelitigation demand as a prerequisite to...The Supreme Court's decision in Vasquez v. State...

More breaking news (off-topic): Supreme Court issues order to show cause in Prop. 8 cases

Kimberly A. Kralowec
November 20, 2008 19:14

This is off the topic, but this afternoon the Supreme Court issued an order to show cause in the cases challenging the validity of Proposition 8, which purports to strip away the Constitutional right of equal protection from a minority...This is off the topic, but this afternoon the Supreme Court...

Supreme Court grants review in UCL/antitrust case: Clayworth v. Pfizer, Inc.

Kimberly A. Kralowec
November 20, 2008 03:22

Yesterday, the Supreme Court granted review in Clayworth v. Pfizer, Inc., no. S166435. In Clayworth, the Court of Appeal held that the "pass-on" defense applied to a price-fixing case brought by intermediate purchasers under California's Cartwright Act, and also that...Yesterday, the Supreme Court...

BREAKING NEWS: Supreme Court to hand down Vasquez attorneys' fees decision tomorrow

Kimberly A. Kralowec
November 19, 2008 19:27

Today's notice of forthcoming opinions states that the Supreme Court will be handing down its opinion in the Vasquez attorneys' fees case tomorrow morning. Vasquez v. Superior Court, case no. S143710 (argued 09/03/08). This is the issue on review: The...Today's notice of forthcoming...

Trials of both equitable and legal claims: Hoopes v. Dolan

Kimberly A. Kralowec
November 19, 2008 14:23

We all know that UCL claims are equitable and tried to the judge, not a jury. Yet UCL claims are frequently brought in the same lawsuit along with legal claims, such as CLRA claims, that carry a jury trial right....We all know that UCL claims are equitable and tried to the judge, not a jury. Yet...

"Cutting Class"

Kimberly A. Kralowec
November 19, 2008 03:35

Yesterday's Daily Journal had a Focus column (subscription) on the Prop. 64-related cases now pending before the Supreme Court: Big business interests are now attempting to convert a shield, which protects against extortionate lawsuits, into a sword to eliminate valid...Yesterday's Daily Journal...

Supreme Court extends time to grant or deny review in UCL/antitrust case: Clayworth v. Pfizer, Inc.

Kimberly A. Kralowec
November 15, 2008 18:18

On October 31, 2008, the Supreme Court gave itself an extension of time, through December 4, 2008, to grant or deny review in Clayworth v. Pfizer, Inc., no. S166435. Clayworth is an interesting case that I did not have time...On October 31, 2008, the Supreme Court gave itself an extension of time,...

MCLE presentation: "Discovery Techniques in Class Action Cases"

Kimberly A. Kralowec
November 15, 2008 17:48

Thanks to everyone who attended the CAOC convention this month, and especially to those who attended the class action track on November 7. I really enjoyed hearing the speakers, who included Elizabeth Cabraser, Tim Blood, and Arthur Bryant. Also many...Thanks to everyone who attended the CAOC...