second district

Summary Judgment Determining Deficiency Judgment Amount Reversed

Jeffrey Kuntz
February 23, 2011 22:11

In Southern Developers & Earthmoving, Inc. v. Caterpillar Financial Services Corporation [CAT] (2D09-6011 & 2D10-5669), the Second District reversed a summary final judgment "because CAT failed to prove the amount of the deficiency judgment to which it was entitled, summary judgment was...

California Appeals Court Issues Pro-Employer Ruling Regarding Wage Statement Compliance

July 23, 2010 14:02

The surge of state wage and hour claims continues in California. Among the numerous California Labor Code provisions which has been the subject of repeated litigation is California Labor Code § 226(a) (“226”), which creates specific requirements concerning the content of...

Disputes Over Cumis Fees Must Be Arbitrated Regardless of Bad Faith Claims

Kimberly Amick
December 19, 2008 20:05

  In Compulink Managements Center, Inc. v. St. Paul Fire and Marine Ins. Co., et al California’s Second District ruled that, regardless of Compulink’s claims for bad-faith, the parties’ dispute over the reasonableness of independent counsel’s fees must be...

Order On A Special Motion to Strike Is Immediately Appealable

Kimberly Amick
March 01, 2008 02:30

Yesterday, the Second District issued an unfortunate reminder that CCP §§ 425.16, subd. (i), and 904.1, subd. (a)(13) make an order either granting or denying a Special Motion to Strike (Anti-SLAPP) immediately appealable.  Waiting until entry of final judgment after the grant of a...

Second District Issues Strong Reminder Regarding Burden of Proof on Summary Judgment Motions

Kimberly Amick
December 11, 2007 23:27

In two separate decisions yesterday, the Second District issued a strong reminder of the difference between raising a triable issue of fact and proving elements of a cause of action on summary judgment. In Nielsen v. Beck (Los Angeles County Super. Ct. No. BC339322) the found that there remained a...