In Dhawan v. Biring, the Court of Appeal again addressed the propriety of using a statement of damages to obtain a default. The Court held that where a complaint did not specify the amount of damages sought, a default judgment was void — not merely voidable — and subject to collateral attack at
Class Action Waiver Ruled Unenforceable In A Non-FAA Arbitration
In Garrido v. Air Liquide Industrial U.S. LP, the Court held that a class action waiver was unenforceable in a Non-FAA arbitration. Plaintiff Mario Garrido entered into an agreement with his employer, defendant American Air Liquide, Inc. The agreement provided that all disputes arising out of
Trial Court Should Not Have Reviewed (or Reversed) Arbitrator’s Ruling
In SingerLewak LLP v. Gantman, the Court addressed a trial court order denying a petition to confirm an arbitration award. In the underlying case, an arbitrator determined a non-compete agreement Andrew Gantman signed as a partner in SingerLewak was enforceable. The trial court concluded judicial
Death Knell Doctrine Applies To PAGA
In Miranda v. Anderson Enterprises, the Court of Appeal heled that a trial court’s order compelling a plaintiff to arbitrate his individual claims under the Private Attorneys General Act and dismissing the plaintiff’s representative PAGA claim was appealable. The Court stated that the “death knell”
Plaintiff Without Standing Could Not Obtain Class Discovery
In CVS Pharmacy v. Super. Ct. (Deluca), the Court addressed under what circumstances can a plaintiff who seeks injunctive relief on behalf of a class of which the plaintiff is not a member obtain precertification discovery to seek out a legitimate plaintiff to support an action for injunctive relief
Labor Code Section 1102.5 Protects Whistleblower
In Cardenas v. M. Fanaian, D.D.S., Inc., the Court analyzed potential whistleblower retaliation claims. After Cardenas reported to the police that a coworker may have stolen her wedding ring at her workplace, she was terminated from her employment as a dental hygienist. Cardenas filed a lawsuit
