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 …
Ninth Circuit held that trademark co-existence agreements are enforceable
In Russell Road Food & Beverage v. Spencer 829 F.3d 1152 (9th Cir. 2016) , the Ninth Circuit Court of Appeals held that trademark co-existence agreements are enforceable and assignable unless the contract provides otherwise. The court noted that it did not consider the appellants argument that the trademark co-existence agreement is an executory …
Plaintiff unsuccessfully appeals trial court order
In Young v. Remx, Inc. (2016) 2 Cal.App.5th 630, 633, a putative wage and hour class action lawsuit, plaintiff unsuccessfully appealed from the trial court’s order compelling arbitration of her individual claims, dismissing her class claims, bifurcating her representative claim pursuant to the Labor Code Private Attorneys General Act of 2004 (PAGA; Lab. Code, § 2698 et …
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