Recent Articles

Week of August 18, 2008

Pamela Fasick
September 05, 2008 07:38

"As we have noted, Pelton-Shepherd did not file a motion for leave to reopen discovery so that its motion to compel could be heard after the discovery motion cutoff date. It is disingenuous for Pelton-Shepherd to suggest the trial court properly exercised its discretion in granting a motion...

Week of November 26, 2007

Pamela Fasick
August 27, 2008 20:33

"ACSC knew its older managers objected to its compensation reduction plan. Jurors could reasonably infer it used pretexts to deny Wysinger a transfer and created a hostile work environment in retaliation for his EEOC complaint. Kane told Wysinger, "[W]e are going to crush" the managers opposed to...

Week of December 3, 2007

Pamela Fasick
August 27, 2008 20:32

"The City nevertheless argues that the property was not in a dangerous condition because vehicles rarely hit hydrants at the terminal. This argument ignores the evidence that prior to the reconfiguration of the terminal, no hydrants were situated in the path of traffic. Rather, they were located...

Week of August 11, 2008

Pamela Fasick
August 27, 2008 20:31

"The arbitration clause in issue was part of an agreement between two business entities governing their business relationship. While the language of the arbitration provision might be broadly construed to cover every type of business dispute that might arise between the two signators, it cannot...

Week of November 19, 2007

Pamela Fasick
August 27, 2008 20:31

"It has apparently become common practice in the trial courts for litigants to file a “notice of unavailability” under the guise of Tenderloin Housing Clinic, Inc. v. Sparks (1992) 8 Cal.App.4th 299. The notice purports to advise the other parties to the action—as well as the court—that the deliver...

Week of November 12, 2007

Pamela Fasick
December 13, 2007 07:42

"Next, plaintiffs contend LA Sound is not liable for the misrepresentations on the application. They claim LA Sound did not know about the joint venture. They further claim the insurance broker was St. Paul's agent and solely responsible for the application's accuracy. But LA Sound was a party to...

Week of September 24, 2007

Pamela Fasick
December 07, 2007 04:17

"In 1992 or 1993, to assist in prosecuting its lawsuit, SSI hired an investigator to surreptitiously obtain Disney documents. Other than a purported admonition to obey the law, SSI provided no direction or supervision for the investigator’s activities. Working at least until 1995, the i...

ABA Journal Blawg 100

Pamela Fasick
December 04, 2007 08:25

I was surprised and pleased to learn that this blawg had been selected for the ABA Journal Blawg 100. The complete list is on the ABA Journal site, where you can vote for your favorite blawgs in twelve categories. If you'd like to vote for this blawg (and I'd be delighted if you did) you can do it...

Week of November 5, 2007

Pamela Fasick
December 02, 2007 23:33

"We agree with our colleagues in Division Five that Insurance Code section 1871.7* was not designed to prohibit fraud on the part of insurers, but rather to prohibit submission of fraudulent claims to insurers, and thus we affirm the judgment of dismissal. This is appellant's third attempt to...

Week of October 29, 2007

Pamela Fasick
December 02, 2007 08:59

"Although Northrop does not expressly say so, it appears to be arguing that, even if the 10-year statute applies to enforcement actions, the four-year statute applies to recognition actions. For this there is no authority, not even Dore v. Thornburgh, which was an action to enforce a foreign...