Civil Action with Brian & Shant

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July 8, 2020  

53. Arbitration Cases

Brian and Shant discuss Unconscionability and the Unenforceability of Arbitration Agreements; the Inability to Arbitrate PAGA Claims; and Reviewing Arbitration Awards—Vacatur of Award


Dougherty v. Roseville Heritage (5th DCA)

Substantive Unconscionability and a Provision Limiting Elder Abuse Remedies in An Elder Abuse Case


Dennison v. Rosland Capital (2nd DCA)

How Lack of Mutuality is Unconscionable


Brooks v. AmeriHome Mortgage (6th DCA)

The Inability to Arbitrate PAGA Claims


VVA-Two LLC v. Impact Development Group (2nd DCA)

Reviewing Arbitration Awards and Vacatur

June 29, 2020  

52. Insurance Fear Mongering w/ Michael Childress

Brian, Shant, and their colleague Michael Childress discuss how insurance companies instill fear in the public in order to suppress a collective voice.  Misinformation, intimidation, and claim denials have become the fundamental recipe for the multi-billion dollar industry.  The team discusses these problems and discuss how the shift from service sector to profit center occurred.

June 24, 2020  

51. Consumer Protection Cases Pt. 2

In Re Facebook Inc Internet Tracking (9th Circuit)

Facebook and Whether Their Tracking of Users Violates Various CA Privacy Statutes

Reynolds v Ford Motor Co (1st DCA)

Lemon Law Claims and the Proper Measure of Fees

Waller v FCA US LLC (2nd DCA)

Admissibility of An Expert’s Opinion

Luna v. Hansen (9th Circuit)

The Fair Credit Reporting Act and the Disclosure Requirements

June 22, 2020  

50. Civil Procedure Cases Pt. 3

Nationwide Biweekly v. Superior Court (CA Sup. Ct.)

The UCL and False Advertising—whether parties are entitled to a jury trial in a UCL case.

Calucci v. T-Mobile (4th DCA)

Punitive Damages—a good primer on punitive damages.

LN Management LLC v. JP Morgan (9th Circuit)

Whether Dead People Can Be Sued—spoiler alert. . .they can’t.

June 17, 2020  

49. Insurance Cases

Walker v Life Insurance Co. of the Southwest (USDC Central)

A UCL Violation—pre-application illustrations in a life insurance policy.

Textron, Inc. v. Travelers Casualty and Surety Co. (6th DCA)

Choice of Law Rulings in Insurance Cases—whether it applies as Collateral Estoppel in a subsequent coverage action.

KLA Tencor Corp. v Travelers (2nd DCA)

The Duty to Defend a Malicious Prosecution Case—but does it arise out of an abuse of process claim?

Pacific Pioneer Insurance Co. v Superior Court (4th DCA)

An Insurers’ Appeal of a Default in Small Claims Court—the applicability of a De Novo appeal in a small claims judgment.

June 15, 2020  

48. Personal Injury Cases

Thimon v City of Newark (1st DCA) 

Road Design and the Standard for Summary Judgement

Alaniz v Sun Pac Shippers (2nd DCA)

The Privitte and Hooker Doctrine

Reeve v Meleyco (3rd DCA)

Enforceability of Referral Fees

Lopez v Ledesma (2nd DCA)

Medical Malpractice and the Standard for Applicability to Physician Assistants

June 10, 2020  

47. Civil Procedure Cases Pt. 2

Hance v Super Store Industries (5th DCA) 

Enforceability of a Fee Share Agreement

Fenimore v The Regents of the University of CA (2nd DCA) 

Computation of the Statute of Limitations

Brewer v. Remington (5th DCA) 

The Delayed Discovery Rule

San Francisco Print Media Company v. The Hearst Corporation (5th DCA) 

Admissibility of Expert Testimony

June 8, 2020  

46. Civil Procedure Cases Pt. 1

Zehia v Sup Court of San Diego County (4th DCA)

Personal Jurisdiction in the Electronic Defamation Action

Torres v Design Group Facility Solutions (2nd DCA)

Renewed Motion for Summary Judgment Disguised as a Motion for Reconsideration

Grande v Eisenhower Medical Center and Flexcare (4th DCA) 

Scope of Release Under the Dual Employer Theory

Dumas v LA County Board of Supervisors (2nd DCA)

Meet and Confer Requirement for Demurrers

June 3, 2020  

45. Consumer Protection Cases Pt. 1

Cases this week:

Schaeffer v Califia Farms LLC (2nd DCA)

What Constitutes A False Statement in a False Advertising Case

Rincon EV Realty LLC v CP III Rincon Towers (1st DCA) 

Overlap Between Legal Claims and Equitable Claims

Walker v Fred Meyer Inc. (9th Circuit)

Disclosure Requirements under the Fair Credit Reporting Act

Campbell v Facebook (9th Circuit)

Overruling Objection to Settlement with Facebook.

June 1, 2020  

44. Guest Interview w/ Attorney & Arbitrator Lee Straus

Brian and Shant have an in-depth discussion with attorney and arbitrator Lee Straus about a case reviewed on a prior Civil Action podcast. Mr. Straus breaks down the subtleties of the case and further explains the purpose and reasoning behind his ruling. They also discuss Straus’ involvement and development in the State Bar’s Mandatory Fee Arbitration program where he is heavily involved.

Please note:  Mr. Straus would like to clarify that all fee disputes between an attorney and client(s) require the attorney to send the State Bar approved Notice of Client’s Right to Fee Arbitration form to the client(s) pursuant to B&PC § 6201.

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