Under California Supreme Court precedent, statutory provisions affecting recovery of attorney fees apply to pending litigation

Under California Supreme Court precedent, statutory provisions affecting the recovery of attorney fees apply to pending litigation.  In this case, the plaintiff, the defendant’s former employer, brought suit against the defendant, an individual,… Read More
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Categories: Legal Developments

Plaintiff whose channel was deleted from video-sharing site cannot establish entitlement to damages, specific performance

In this case, the plaintiff had a channel with the video-sharing site YouTube, which she used to share videos and engage with the YouTube community.  YouTube deleted her channel.  After communications between the plaintiff and YouTube, YouTube rest… Read More
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Categories: Legal Developments

Indian tribe’s failure to present timely claims to federal contracting officer does not count as “extraordinary circumstance” for purposes of equitable tolling

In this case, an Indian tribe (Tribe) pursued claims under the Contracts Dispute Act of 1978 that were barred by a six-year statute of limitations.  During the statute of limitations period, another tribe had filed a putative class action suit for s… Read More
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Categories: Legal Developments

Class-action defendant cannot moot action by offering named plaintiff complete relief on individual claim

A defendant in a class action suit cannot moot the action by offering the named plaintiff the full amount of the damages sought for their individual claim.  In this case, the plaintiff filed a putative class action suit under the Telephone Consumer… Read More
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Categories: Legal Developments

Trial court had discretion to determine whether to grant extension of restraining order

The Code of Civil Procedure section 527.6, subdivision (j)(1) does not provide for the automatic extension of restraining orders, but rather for the extension of restraining orders at the discretion of the court. In this case, the plaintiff timely fi… Read More
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Categories: Legal Developments

Pre-2013 version of Labor Code sections 98.7 and 6312 did not require exhaustion of administrative remedies

In 2013, the Labor Code was amended to explicitly state that exhaustion of administrative remedies is not required before filing suit under section 98.7. However, even before this amendment, sections 98.7 and 6312 did not require exhaustion. Pre-amen… Read More
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Categories: Legal Developments

Non-class-member plaintiff in “headless” class action not entitled to precertification discovery absent any evidence they had good faith belief they belonged to the class

A plaintiff seeking injunctive relief on behalf of a class to which they do not belong is not entitled to precertification discovery in the absence of evidence they ever held a reasonable, good faith belief they were a class member. In this case, a p… Read More
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Categories: Legal Developments

“Death knell” doctrine applies to representative PAGA actions as well as class actions

The “death knell” doctrine, which allows for the immediate appeal of an order that allows a plaintiff to pursue individual but not class claims, applies to representative actions under the Private Attorneys General Act. In this case, the appellan… Read More
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Categories: Legal Developments

SLAPP plaintiffs not entitled leave to amend complaint in order to remove references to protected speech

A trial court erred in granting the plaintiffs in a SLAPP case leave to amend their complaint so as to remove all references to protected speech. In this case, a nursing organization brought suit against the medical director of a drug and alcohol reh… Read More
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Categories: Legal Developments

Public universities have no duty to protect students from other students’ criminal acts

In this case, a student attending a state university was stabbed by a fellow student during a chemistry laboratory. Prior to the stabbing, the assailant had received treatment for schizophrenia from the university’s mental health services, and had… Read More
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Categories: Legal Developments