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McIntyre’s California Alert. Organized Succinct Summaries

CALIFORNIA COURTS OF APPEAL

Arbitration

Anaheim Union High School District v. American Federation of State, County and Municipal Employees, Local 3112, AFL-CIO (2013) _ Cal.App.4th _ , 2013 WL 6909431: The Court of Appeal affirmed the trial court’s judgment confirming an arbitration award in favor of the American Federation of State, County and Municipal Employees, Local 3112, AFL-CIO (the Union). Because the Anaheim Union High School District (District) had no statutory right under Education Code sections 45308 and 45117 to reduce a classified employee’s work year in lieu of a layoff for lack of funds — without complying with the collective bargaining agreement — the arbitrator did not exceed his powers in ruling that the District violated the collective bargaining agreement. (C.A. 4th, filed December 16, 2013, published January 3, 2014.)

Attorney Fees

Cardinale v. Miller (2014) _ Cal.App.4th _, 2014 WL 68095: The Court of Appeal affirmed the trial court’s order granting attorney fees. California Code of Civil Procedure section 685.040 does not limit recovery of fees to only fees awarded against the original judgment debtor. Rather, it imposes two requirements before a motion for an award of postjudgment attorney fees may be awarded as costs: (1) the fees must have been incurred to ‘enforce’ a judgment; and (2) the underlying judgment had to include an award for attorney fees pursuant to Code of Civil Procedure section 1033.5, subdivision (a)(10)(A). While in the usual scheme of things, the target of a fee motion under section 685.040 is presumably the original judgment debtor, the Legislature did not so restrict the provision’s scope. The statute by its terms is broad enough to encompass fees expended to enforce a judgment against third parties who conspired with the judgment debtor to evade its enforcement.(C.A. 1st, January 8, 2014.)

Civil Procedure

CertainTeed Corporation v. Superior Court (Hart) (2014) _ Cal.App.4th _ : The Court’s ability to allow additional time for depositions applies to both the seven hours of total testimony allowed in Code of Civil Procedure section 2025.290(a) and the 14 hours of testimony allowed in section 2025.290(b)(3). The trial court, however, retains the discretion to limit a deposition in the interests of justice. (C.A. 2nd, January 8,2014.)
Market Lofts Community Association v. 9th Street Market Lofts, LLC (2014) _ Cal.App.4th _ , 2014 WL 47016: The Court of Appeal reversed the trial court’s order sustaining a demurrer without leave to amend. The trial court erred in finding the homeowners association lacked standing to assert claims against developers regarding parking rights. (C.A. 2nd, January 7, 2014.)

Employment/Labor

Anaheim Union High School District v. American Federation of State, County and Municipal Employees, Local 3112, AFL-CIO (2013) _ Cal.App.4th _ , 2013 WL 6909431: See summary above under Arbitration.
Quezada v. City of Los Angeles (2014) _ Cal.App.4th _ , 2014 WL 60330: The Court of Appeal affirmed the trial court’s summary judgment for defendant in a case by police officers alleging violations of their rights under the Public Safety Officers Bill of Rights (POBRA) (Government Code sections 3300-3313) and the Bane Act (Civil Code section 52.1) during an investigation of their conduct shooting their guns while off duty and after drinking. The trial court properly granted summary judgment. POBRA was not violated because plaintiffs were ordered on duty, given overtime pay, allowed to eat, drink, use the restroom as needed, and make phone calls. The police department read plaintiffs their Miranda rights; plaintiffs had an employee representative with them at all phases of the investigation; and the department was permitted to change the duties of the officers during the investigation. The seriousness of the incident required the police department to conduct the investigation immediately. It took police four hours to process the crime scene. The police department did not violate the Bane Act because plaintiffs were not threatened with violence, the searches of plaintiffs’ vehicles were not unlawful, and plaintiffs’ right to an attorney was not violated because plaintiffs refused to waive their Miranda rights and POBRA does not guarantee an officer an attorney in an administrative investigation. (C.A. 2nd, January 8, 2014.)

Government

Save The Plastic Bag Coalition v. City and County of San Francisco (2014) _ Cal.App.4th _ , 2013 Westlaw 6909479: The Court of Appeal affirmed the trial court’s denial of a petition for writ of mandate by petitioner seeking to invalidate a 2012 ordinance expanding existing restrictions on the use of check out bags. Petitioner failed to establish that the City erred by concluding that the 2012 ordinance was categorically exempt from CEQA. The ordinance was not preempted by the California Retail Food Code, Health and Safety Code section 113700 et seq. (C.A. 1st, filed December 10, 2013, published January 3, 2014.)

Real Estate (CEQA)

Market Lofts Community Association v. 9th Street Market Lofts, LLC (2014) _ Cal.App.4th _ , 2014 WL 47016: See summary above under Civil Procedure.
Save The Plastic Bag Coalition v. City and County of San Francisco (2014) _ Cal.App.4th _ , 2013 Westlaw 6909479: See summary above under Government.
See U.S. Supreme Court opinions at: http://www.supremecourt.gov/opinions/opinions.aspx • See 9th Cir. opinions at: http://www.ca9.uscourts.gov/opinions/ • See Ca. opinions at: http://www.courts.ca.gov/opinions.htm

Monty A. Mcintyre

Below are some recent cases summarized by Monty A. McIntyre in his publication California Case Summaries Civil™, which provides organized succinct summaries, every other Monday, of every new published California civil case for only $7.99 a month. (Go to http://montymcintyre.com/mcintyre/.) Monty has been a civil trial lawyer since 1980, representing both plaintiffs and defendants in a broad variety of civil cases, and has more than 17 years of experience as a mediator and arbitrator. He has been a member of ABOTA since 1995, and is the past president of the San Diego County Bar Assn. and the San Diego Chapter of ABOTA. Monty mediates and arbitrates at ADR Services, Inc., where he handles cases in the areas of business, commercial, elder abuse, employment/wage & hour, insurance coverage/bad faith, legal malpractice, medical malpractice, personal injury, real property and wrongful death. To schedule a mediation or arbitration, contact his case manager Kelsey Carroll at ADR Services, Inc. at (619) 233-1323 or kelsey@adrservices.org.

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Filed Under: Practice Management

About the Author: Below are some recent cases summarized by Monty A. McIntyre in his publication California Case Summaries Civil™, which provides organized succinct summaries, every other Monday, of every new published California civil case for only $7.99 a month. (Go to http://montymcintyre.com/mcintyre/.) Monty has been a civil trial lawyer since 1980, representing both plaintiffs and defendants in a broad variety of civil cases, and has more than 17 years of experience as a mediator and arbitrator. He has been a member of ABOTA since 1995, and is the past president of the San Diego County Bar Assn. and the San Diego Chapter of ABOTA. Monty mediates and arbitrates at ADR Services, Inc., where he handles cases in the areas of business, commercial, elder abuse, employment/wage & hour, insurance coverage/bad faith, legal malpractice, medical malpractice, personal injury, real property and wrongful death. To schedule a mediation or arbitration, contact his case manager Kelsey Carroll at ADR Services, Inc. at (619) 233-1323 or kelsey@adrservices.org.

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