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 …

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 …

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 …

In Tikosky v. Yehuda (2018) 19 Cal.App.5th 1224 , the judgment creditor obtained an order to sell one of the debtor’s properties.  The senior lienholder paid the amount of the judgment lien, and the debtor moved to compel an acknowledgment of partial satisfaction.  The trial court denied the motion,and the court of appeal affirmed …

April 21, 2016 – The Court of Appeal for the Second Appellate District has held that 529 Savings Accounts established under Internal Revenue Code Section 529 (26 U.S.C. 529) are not exempt from levy under the Enforcement of Judgments Law