RRB Law Blog

9th Circuit Holds Prior Salaries Can Not Be Basis For Pay Differentials Between Male and Female Employees

in Employment Law by

The 9th Circuit decided in Rizo v. Yovino, 2018 U.S. App. LEXIS 8882, that prior salaries are not “factors other than sex” to justify a pay differential between men and women. In Rizo v. Yovino, The Court, en banc, addressed … more

Court of Appeal Finds Employer Not Vicariously Liable For Co-Employer’s Meal Break Violations

in Employment Law by

The Court of Appeal, First Appellate District, recently issued an opinion clarifying the extent of the duty an employer owes to ensure its employees take their meal breaks. In Serrano v. Aerotek, Inc. (Mar. 9, 2018, No. A149187) ___Cal.App.5th___ [2018 … more

Sanctions Under Section 128.5 Must Comply With 21-Day Safe Harbor Provision

in Civil Litigation by Stephen L. Raucher

In Nutrition Distribution, LLC v. Southern SARMs, Inc. (2018) 2018 Cal. App. LEXIS 81, the California Court of Appeal, Second Appellate District, Division 7, was asked to interpret Code of Civil Procedure Section 128.5(f), which governs the procedure applicable to … more

Plaintiff Asserting Claim Under Private Attorneys General Act (PAGA) Must Provide Adequate Notice And May Not Proceed Individually

in Employment Law by

The Court of Appeal, Second District, recently clarified what constitutes adequate notice to the California Labor and Workforce Development Agency (LWDA) in order to assert a PAGA claim. In Khan v. Dunn-Edwards Corp. (2018) 19 Cal.App.5th 804, plaintiff brought a … more

Court of Appeal: Trial Court Appropriately Exercised Discretion Denying Plaintiff’s Attorney Fees

in Employment Law by

Coming out of the California Court of Appeal, Fourth Appellate District, Division Two, the Court of Appeal determined in Bustos v. Global P.E.T., Inc. (Dec. 22, 2017, No. E065869) 2017 Cal. App. LEXIS 1168, that the trial court appropriately exercised … more

Recent Developments in Family Law: Evidence Code Section 622 Can’t Be Used to Circumvent the Requirements of Family Code Section 1615

in Family Law by Stephanie I. Blum Blog

In In re Marriage of Clarke & Akel (2018) 2018 Cal.App. LEXIS 57, the First Appellate District, Division Five, confronted a potential conflict between Family Code Section 1615 and Evidence Code Section 622. Family Code Section 1615(c)(2) states that a … more

Recent Developments in Family Law: A Spouse’s Disclosure Obligations as a Fiduciary Depend on Their Agreement

in Family Law by Stephanie I. Blum Blog

The California Court of Appeal recently published a case regarding a spouse’s fiduciary duty in the marriage partnership. In In re Marriage of Kamgar (2017) 18 Cal.App.5th 136, the Fourth Appellate District, Division Three affirmed the trial court’s award to … more

Recent Developments in Family Law: Bad Faith Transfer of Business Interests Will Not Allow for Termination of Spousal Support

in Family Law by Stephanie I. Blum Blog

In In re Marriage of Berman (2017) 15 Cal.App.5th 914, the Second Appellate District, Division Eight found that the trial court did not abuse its discretion in holding that support obligations cannot be terminated after a bad faith business transfer. … more

Court of Appeal Clarifies Anti-SLAPP Applicability to Homeowner Associations as Quasi-Government Entities

in Civil Litigation by

On January 12, 2018, the California Court of Appeal, Fourth District, Division One issued its opinion in Golden Eagle Land Investment v. Rancho Santa Fe Assn. (2018 Cal. App. LEXIS 27). In Golden Eagle, the two plaintiffs sought approval from … more

Court of Appeal Clarifies Wage and Hour Class Action Expert Qualification

in Employment Law by

The California Court of Appeal continues to favor class certification in the recent ABM Industries Overtime Cases ___Cal.App.5th___ [2017 Cal. App. LEXIS 1165] coming out of the First District, Division Four, published January 10, 2018. This trend will continue to … more

Arbitrators Lack Power to Compel Pre-Hearing Third Party Document Production Under the FAA

in Civil Litigation by Stephen L. Raucher

In a decision that falls in line with the majority of other circuits to have considered the question, the Ninth Circuit recently held that the Federal Arbitration Act (FAA) does not grant arbitrators the power to compel the production of … more

“Professional Services” Exclusion in CGL Policy Given Broad Interpretation

in Insurance Law by Stephen L. Raucher

California’s First Appellate District recently squelched an excess liability carrier’s attempt to shift responsibility for settlements resulting from a pipeline explosion onto a co-defendant’s umbrella insurer, holding that the latter policy’s “professional services” exclusion barred coverage. Energy Insurance Mutual Limited … more

Ambiguous Questions in Insurance Application Prevent Rescission

in Insurance Law by Stephen L. Raucher

In a decision which softens the normally harsh rules confronting policyholders with respect to rescission of insurance policies, California’s First Appellate District recently reversed a summary judgment of rescission. Duarte v. Pacific Specialty Ins. Co., 13 Cal.App.5th 45 (2017). The … more

Notwithstanding a Willful Misconduct Exclusion, Policy Found to Cover Litigation Expenses on Appeal

in Insurance Law by Stephen L. Raucher

In a victory for policy holders, California’s Second Appellate District recently held that when an insurance policy expressly provides coverage for litigation expenses on appeal, an exclusion requiring repayment to the insurer upon a “final determination” of the insured’s culpability … more

California Supreme Court Reverses Itself, Allowing Post–Loss Assignment of Insurance Policies

in Insurance Law by Stephen L. Raucher

Approximately 12 years ago, the California Supreme Court permitted an insurer, after a loss has occurred, to refuse to honor an insured’s assignment of the policy coverage for such a loss. Henkel Corp. v. Hartford Accident & Indemnity Co., 29 … more