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RSSAuthor Archive for 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.

California Case Summaries Civil™. Organized Succinct Summaries of New Civil Cases.

California Case Summaries Civil™. Organized Succinct Summaries of New Civil Cases.

CALIFORNIA SUPREME COURT Civil Code National Shooting Sports Foundation, Inc. v. State of California (2018) _ Cal.App.5th _, 2018 WL 3150950: The California Supreme Court reversed the decision of the Court of Appeal finding that Penal Code section 31910(b)(7)(A) was unenforceable under Civil Code section 3531 because compliance with the Penal Code section was impossible. […]

California Case Summaries Civil™. Organized Succinct Summaries of New Civil Cases.

California Case Summaries Civil™. Organized Succinct Summaries of New Civil Cases.

CALIFORNIA SUPREME COURT Employment Dynamex Operations West, Inc. v. Superior Court (2018) _ Cal. 5th _ , 2018 WL 1999120: The California Supreme Court affirmed the Court of Appeal decision denying a writ petition challenging the decision of the trial court’s order certifying a class action by delivery drivers alleging wage and hour and other […]

California Case Summaries Civil™ Organized Succinct Summaries of New Civil Cases

California Case Summaries Civil™ Organized Succinct Summaries of New Civil Cases

CALIFORNIA SUPREME COURT Torts T.H. v. Novartis Pharmaceuticals Corporation (2017) _ Cal.5th _, 2017 WL 6521684: The California Supreme Court affirmed the Court of Appeal’s ruling directing the trial court to sustain a demurrer but grant leave to amend in a case where plaintiff alleged that defendant manufacturer failed to properly warn about known or […]

Organized Succinct Summaries of Some New California Civil Cases

Organized Succinct Summaries of Some New California Civil Cases

CALIFORNIA SUPREME COURT Torts Rubenstein v. Doe No. 1 (2017) _ Cal.5th _, 2017 WL 3691550: The California Supreme Court reversed the Court of Appeal decision finding that plaintiff had timely filed her sexual molestation claim in 2012, arising from events that occurred in 1993 and 1994. The California Supreme Court ruled that a government […]

California Case Summaries Civil™.

California Case Summaries Civil™.

Organized Succinct Summaries of Some New California Civil Cases CALIFORNIA SUPREME COURT Civil Code Scher v. Burke (2017) _ Cal.5th _, 2017 WL 2589509: The California Supreme Court affirmed the Court of Appeal’s holding that Civil Code section 1009(b), which limits the circumstances in which courts may find implied dedication of private coastal property section 1009, […]

McIntyre’s Civil Alert. Organized Succinct Summaries.

McIntyre’s Civil Alert. Organized Succinct Summaries.

CALIFORNIA COURTS OF APPEAL Appeals Chango Coffee, Inc. v. Applied Underwriters, Inc. (2017) _ Cal. App.5th _, 2017 WL 2302170: The Court of Appeal dismissed defendant’s purported appeal from the trial court’s order denying its renewed petition to compel arbitration under Code of Civil Procedure section 1008(b) because an order denying a renewed motion or […]

California Case Summaries ADR™. Organized Succinct ADR Summaries by Monty A. McIntyre, Esq.

California Case Summaries ADR™. Organized Succinct ADR Summaries by Monty A. McIntyre, Esq.

CALIFORNIA SUPREME COURT Arbitration McGill v. Citibank (2017) _ Cal.5th _, 2017 WL 1279700: In a class action alleging claims under the Consumers Legal Remedies Act (CLRA; Civ. Code, § 1750 et seq.), the unfair competition law (UCL; Bus. & Prof. Code, § 17200 et seq.), the false advertising law and the Insurance Code arising […]

McIntyre’s Civil Alert

McIntyre’s Civil Alert. Organized Succinct Summaries by Monty A. McIntyre, Esq.

CALIFORNIA SUPREME COURT Civil Procedure (Motion for New Trial) Kabran v. Sharp Memorial Hospital (2017) _ Cal.5th _, 2017 WL 218033: The California Supreme Court affirmed the judgment of the Court of Appeal that upheld the trial court’s order granting a motion for new trial even though the plaintiff had failed to timely file the […]

McIntyre’s Civil Alert. Organized Succinct Summaries.

McIntyre’s Civil Alert. Organized Succinct Summaries.

CALIFORNIA SUPREME COURT Attorneys (Anti-SLAPP) Barry v. State Bar of California (2017) _ Cal.5th _, 2017 WL 56342: The California Supreme Court reversed the judgment of the Court of Appeal holding that, in the absence of subject matter jurisdiction, the trial court had no power to hear or decide an anti-SLAPP motion to strike under […]

McIntyre’s Civil Alert

McIntyre’s Civil Alert

Organized Succinct Summaries CALIFORNIA COURTS OF APPEAL Attorneys Walker v. Apple, Inc. (2016) _ Cal.App.4th _ , 2016 WL 5404080: In a putative class action by plaintiffs against their former employer, the Court of Appeal affirmed the trial court’s order disqualifying plaintiffs’ counsel Hogue & Belong (the Firm). Automatic disqualification was required on the basis the […]

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