Contract Must Be Construed As A Whole So As To Give Effect To Every Part, If Reasonably Practicable Rodriguez v. Oto, 212 Cal.App.4th 1020 (2013) held language unambiguously releasing “all persons” from liability extended to third parties, entitling a stranger to summary judgment that the stranger had been released, in the absence of countervailing […]
The Disqualification Outcome Hinges On Whether The Attorney-Settlement Officer Received Confidential Information Bird’s-eye view of the Great Wall of China. Jean E. Norwood, photographer. 1979. Library of Congress. Attorney Banuelos participated as a settlement officer on a “CRASH” panel mediating an employee-employer dispute in Los Angeles Superior Court. “CRASH” stands for “Civil Referee […]
The Waiver Of A Right To Assert PAGA Claim In Any Forum Is Unenforceable And The Claim Cannot Be Split. Iskanian v. CLS Transportation Los Angeles, LLC is still binding precedent, and an employee cannot be required to waive a representative PAGA claim in any forum. But can an employee, who asserts a representative […]
14-Month Period From Filing Of Original Complaint To Filing Of Motion To Compel Is Insufficient To Support Waiver, Absent Showing Of Prejudice Khalatian v. Prime Time Shuttle, Inc., Case No. B255945 (2/8 June 9, 2015) (Grimes, author; Bigelow concurring, Flier concurring and dissenting) (published) nicely bookends our penultimate post on Oregel v. PacPizza, about […]
“Less-Than-Candid ‘Chronology of Pertinent Events Underlying Appeal’” Chafes Court. In Oregel v. PacPizza (1/2 June 1, 2015) (Richman, Kline, Stewart) (published), the Court of Appeal had no trouble affirming the superior court’s order denying Appellant PacPizza’s petition to compel arbitration. More than enough evidence of a high level of litigation activity inconsistent with arbitration […]