21-Day Safe Harbor Provision Does Not Apply to Fee Request in Opposing Frivolous Anti-SLAPP Motion
in Civil Litigation by Stephen Raucher
In Changsha Metro Grp. Co., Ltd. v. Xufeng, 57 Cal. App. 5th 1 (2020), the Court of Appeal, Fourth Appellate District, clarified that the “safe harbor” provision of Code of Civil Procedure Section 128.5 does not apply where attorney’s fees … more
Sanctions Under Section 128.5 Must Comply With 21-Day Safe Harbor Provision
in Civil Litigation by Stephen 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
Court of Appeal Clarifies Anti-SLAPP Applicability to Homeowner Associations as Quasi-Government Entities
in Civil Litigation by Timothy Reuben
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
Arbitrators Lack Power to Compel Pre-Hearing Third Party Document Production Under the FAA
in Civil Litigation by Stephen 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
Defamatory Social Media Posts About California Residents Don’t Necessarily Subject the Defamer to Personal Jurisdiction in California
in Civil Litigation by Stephen Raucher The brave new world of social media represents a challenge to courts trying to apply traditional notions of personal jurisdiction. This was highlighted in the recently published case Burdick v. Superior Court (Cal. Ct. App., Jan. 14, 2015) 15 Cal. … more
Aiding and Abetting a Breach of Fiduciary Duty Does Not Require that the Aiders and Abettors Owe an Independent Duty
in Civil Litigation by Stephen Raucher In a case with important lessons for business litigators, a California Court of Appeal recently clarified the distinction between aiding and abetting a breach of fiduciary duty and conspiracy to breach fiduciary duty, finding that a defendant can be liable … more
Alleged Discriminatory Hiring Practices at CBS News Stations in Los Angeles Deemed to be Protected Activity under California’s Anti-SLAPP Statute
in Civil Litigation by Stephen Raucher A California Court of Appeal recently decided that CBS’s decision to hire a young, attractive woman as opposed to an older man as a weather anchor constitutes protected free speech. Hunter v. CBS Broadcasting, Inc., 2013 Cal. App. LEXIS 997 … more
Unpredictability in the Law Surrounding Employer Liability for Torts Committed by Employees Driving to and from Work
in Civil Litigation by Stephen Raucher In the span of two weeks, two cases involving the doctrine of respondeat superior were decided in California resulting in opposite outcomes. Under the legal theory of respondeat superior, employers are vicariously liable for the tortious acts committed by employees … more
Fame Does Not Guarantee First Amendment Protection
in Civil Litigation RRB Law Blog by Stephen Raucher Even in today’s world of reality television, where people are famous for being famous, such fame does not create an issue of public interest entitled to special protection. In the recently published decision of Albanese v. Menounos, 2013 Cal. App. … more
ABC Wins “LOST” Idea Submission Lawsuit
in Civil Litigation by Stephen Raucher On March 8, 2013, the California Court of Appeal ruled in favor of ABC in an idea submission lawsuit regarding the television series LOST. Spinner v. American Broadcasting Companies, Inc., 215 Cal. App. 4th 172 (2013). The lawsuit centered on … more
California Supreme Court Clarifies the “Continuous Accrual” Exception to the Statute of Limitations, Expanding the Ability of Plaintiffs to Sue
in Civil Litigation by Stephen Raucher On January 24, 2013, the California Supreme Court decided the case Aryeh v. Canon Business Solutions, Inc., 55 Cal. 4th 1185 (2013), and clarified the common law theory of continuous accrual as it pertains to statutes of limitation. The Court … more
Evidence of Fraudulent Statements At Variance With Contractual Language Allowed by New California Supreme Court Case
in Civil Litigation by Stephen Raucher The California Supreme Court recently decided Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Association, 55 Cal.4th 1169 (2013), and changed the fraud exception to the parol evidence rule. The Court departed from the highly criticized Pendergrass rule, which took … more