In Colombo v. Kinkle, Rodiger & Spriggs, the Fourth Appellate District held that res judicata barred Colombo, a vexatious litigant subject to a prefiling order under Code of Civil Procedure section 391.7 from filing successive prefiling requests institute new litigation, making it clear that he had one bite at the apple.
In In re Marriage of Wallace Loy Tim and Amy Ju Wong, the Fourth Appellate District reiterated that a postjudgment order is only appealable
In In re Marriage of Wallace Loy Tim and Amy Ju Wong, the Fourth Appellate District reiterated that a postjudgment order is only appealable if it passdx three additional tests: (1) the issue is different from the issues decided in the judgment; (2) the order affects the judgment or relates to its enforcement; and …
In Correia v. NB Baker Electric, Inc., the Fourth Appellate District held that courts do not have the authority…
In Correia v. NB Baker Electric, Inc., the Fourth Appellate District held that courts do not have the authority to order a Private Attorney General Act (PAGA) representative action into arbitration, and a provision in a predispute arbitration agreement that requires that is unenforceable because the state is the real party in interest in a …
In Bridgepoint Construction Services, Inc. v. Newton et al., Robert G. Klein filed an action on behalf of Bridgepoint and Salter
In Bridgepoint Construction Services, Inc. v. Newton et al. (Second Appellate District, Div. 6, 9/4/18), Robert G. Klein filed an action on behalf of Bridgepoint and Salter, one of Bridgepoint’s two shareholders in Santa Barbara County. Thereafter, the defendant cross-complained against Bridgepoint, Salter, and Ram, Salter’s business associate. In December, 2014, Robert …
Ninth Circuit rules boat owner has no duty to keep a lookout
In Holzhauer v. Rhoades (2018 9th Cir.) 2018 WL 3795779, the Ninth Circuit Court of Appeals held that a boat owner who is a passenger on his boat has no duty to keep a lookout unless the owner-passenger knows that the person operating his boat is likely to be inattentive or careless or the owner-passenger …
Los Angeles County Superior Court sustained a demurrer to the plaintiff’s wage and hour complaint
In Shine v. Williams-Sonoma, Inc. (2018) 23 Cal.App.5th 1070, the Los Angeles County Superior Court sustained a demurrer to the plaintiff’s wage and hour complaint on res judicata grounds because his claim could have been raised in a prior wage and hour class action that was settled. The Court of Appeal affirmed …
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