Civil Action with Brian & Shant

20. Procedural & Substantive Unconscionability of Arbitration Agreements; California Homeowners Bill of Rights; Class Action “Fairness” Act; Reversing Award of Attorney fees; Litigation Privilege

Brian and Shant discuss the following:

OTO v. Kho: An arbitration agreement ruled void and unenforceable due to unconscionability.

 

Lopez v. Bartlett Care Center: A wrongful death matter that confronts the issue of agency authority and substantive unconscionability.  The Court held that an arbitration agreement signed by a daughter on behalf of her mother was procedurally unconscionable because the mother was not present when the daughter signed the agreement where the care center asserted the contrary.  Moreover, the Court held the agreement substantively unconscionable because the provisions in the agreement were substantially one-sided.

 

Bustos v. Wells Fargo: A close look at the provisions of the California Homeowners Bill of Rights (CABOR) and what remedies it provides.  The Court held that the bank was in violation of the CABOR and in response granted injunctive relief in the form of a Temporary Restraining Order (TRO) in addition to $4,200.00 in attorneys fees.  Wells Fargo argued that the plaintiff was not entitled to injunctive relief because the matter was not finalized based upon the grant of the TRO and therefore not a prevailing party.  However, the Court disagreed and found that a TRO is a Preliminary Injunction and therefore Plaintiff is in fact a prevailing party.

 

Arias v. Residence Inn by Marriott: A case dealing with an employment class action and the implications of the Class Action Fairness Act (CAFA) for the purposes of removal and remand. 

 

Mancini Associates v. Schwetz: A look at an award of attorney fees arising from the breach of an agreement. 

 

Davis v. Ross: A dispute over a disabled parking spot leads a woman to a felony vandalism conviction.  She then sues the victim of her vandalism and loses because of the principle of Litigation Privilege after a Motion for Judgment on the Pleadings.  She argued the concept of spoliation of the evidence and the Court ruled that the argument only applies to non-communicative conduct and is also subject to the Litigation Privilege.

 

BONUS CONTENT: Interview with Holly Boyer at the 2019 CAALA Convention in Las Vegas

Brian and Shant have a conversation with Holly Boyer, a partner at Esner Chang & Boyer and is certified by the State Bar of California’s Board of Legal Specialization as an Appellate Specialist. Holly was recently awarded the “Appellate Attorney of the Year” award by the Consumer Attorneys Association of Los Angeles. Holly’s work helped to establish a framework for negligence causes of action against public entity school districts regarding sexual abuse cases. She also recently worked with the Consumer Attorneys of California to address statute of limitations concerns with regard to sexual abuse cases.  Holly addresses the issues she faced with being a young attorney and how she found her path to appellate work. More information about Holly Boyer is available here: http://www.ecbappeal.com/pages/staff/1708

BONUS CONTENT: Interview with Geoff Wells at the 2019 CAALA Convention in Las Vegas

Brian and Shant interview Geoff Wells, a partner of Greene, Broillet & Wheeler in Santa Monica with an impressive record of verdicts and settlement in catastrophic personal injury cases. Geoff discusses the most impactful cases he has worked on and shares his advice for young lawyers. Geoff has obtained more than 250 multimillion-dollar verdicts and settlements in complex legal actions. Geoff was President of CAALA of 2014 and dedicates his spare time to supporting organizations like CAALA and CAOC. More information about Geoff Wells is available here: https://www.gbw.law/team/geoffrey-s-wells/

BONUS CONTENT: Interview with Elise Sanguinetti at the 2019 CAALA Convention in Las Vegas

Brian and Shant sit down with Elise Sanguinetti, a founding partner at Arias Sanguinetti Wang & Torrijos, LLP. Elise just completed her term as the president of the American Association for Justice, and she was previously president of both the Consumer Attorneys of California and the Alameda Contra Costa Trial Attorneys Association.  Elise discusses her concerns regarding forced arbitration, the political landscape, and the influences that helped mold her into one of the best trial attorneys in California. More information about Elise Sanguinetti is available here: https://aswtlawyers.com/attorneys/elise-r-sanguinetti/

Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.

19. Armenian Genocide Insurance Litigation: Bad Faith Lawsuits Brought In The Wake Of The First Genocide of the 20th Century

Brian and Shant take an in depth look at the history, successes, and challenges faced in litigating insurance bad faith cases brought on behalf of descendants of victims of the Armenian Genocide.  Brian shares his experiences handling these cases and talks about the political ripple effects which reached the highest levels of public office. As Armenian-Americans, Brian and Shant discuss the significance of these cases and the legislative and judicial landscape surrounding genocide recognition efforts.  This episode was recorded just days before the United State House of Representatives passed House Resolution 296 on October 29, 2019. The long-delayed resolution recognizes the massacre of 1.5 million Armenians at the hands of Ottoman Turkey as an act of genocide, and condemns Turkey's efforts to deny recognition of the Genocide. 

Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.

BONUS CONTENT: Interview with James DeSimone at the 2019 CAALA Convention in Las Vegas

Brian and Shant interview civil rights trial lawyer V. James DeSimone ("Jim"). Jim tells us about his cutting-edge practice and the impact his work has had on society.  Jim also discusses important changes to California civil rights laws. Jim is an accomplished trial lawyer dedicated to representing individuals in civil rights cases, with an emphasis on employment discrimination and harassment, employment wage and hour class action cases, police misconduct and brutality cases, including wrongful death, excessive force, and false arrest cases, and personal injury cases. More information about Jim DeSimone is available here: https://www.vjamesdesimonelaw.com/attorney-profiles/v-james-jim-desimone/

Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.

BONUS CONTENT: Interview with Christine Spagnoli at the 2019 CAALA Convention in Las Vegas

Brian and Shant catch up with Christine Spagnoli, a partner of Greene, Broillet & Wheeler in Santa Monica, specializing in representing plaintiffs in product liability, personal injury and legal malpractice actions.  Chris shares her story of how she came to spear-head litigation to protect consumers from injuries and deaths involving vehicle defects. Chris has obtained many multimillion-dollar verdicts, including the 1999 General Motors case in which a defective fuel tank was found responsible for the burn injuries of two adults and four children, where the jury returned with a landmark $4.9 billion verdict. More information about Chris Spagnoli is available here: https://www.gbw.law/team/christine-d-spagnoli/

Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.

18. More Bad Decisions Regarding Arbitration

Brian and Shant discuss the possibility of using conversion as a means of recovering wages, some clarity regarding 998 offers, arbitrability of UCL claims, dangerous conditions of public property, the inability to arbitrate ERISA claims, and the rules regarding consenting to the jurisdiction of a magistrate judge.

Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.

BONUS CONTENT: Interview with Genie Harrison at the 2019 CAALA Convention in Las Vegas

Brian and Shant speak with Genie Harrison, a civil rights and employment attorney with a reputation for being a fierce advocate for victims of sex abuse. Genie discusses some of the challenges women face in all careers (including in the practice of law), proposes changes we should all fight for, and makes a big announcement. In 2018, Genie Harrison was recognized by the Daily Journal as one of the Top 100 Lawyers in California — across all categories of law. She is currently the First Vice President of CAALA, and in 2021 will be the fifth female President of the organization in its 70^thAnniversary year. 

More information about Genie Harrison is available here: https://genieharrisonlaw.com/genie-harrison/

BONUS CONTENT: Interview with Robert Simon at the 2019 CAALA Convention in Las Vegas

Brian and Shant talk with Robert Simon, co-founder and lead trial lawyer at the Simon Law Group, at the CAALA Conference 2019 in Las Vegas. Bob shares his story of how he got started, his efforts to empower young trial attorneys, and important cases he has handled that paved the way for the basic tools used in personal injury cases. Bob Simon and his Justice Team have obtained record-setting verdicts and landmark results for injured parties. Bob also hosts his own awesome Justice Team Podcast, featuring other great trial attorneys. More information about Bob and his Justice Team can be found here: https://www.thesimonlawgroup.com/team/robert-t-simon/

And the Justice Podcast can be found here: http://justiceteampodcast.com/