Procedural Posture

Procedural Posture

Appellant investor challenged a decision of the Superior Court of Orange County (California), which denied his motion to certify his action against respondent securities brokers as a statewide class action for violations of Cal. Civ. Code § 1770(a)(14), (19) of the California Consumer Legal Remedies Act, and the California Unfair Competition Law, Cal. Bus. &…

Procedural Posture

Procedural Posture

Appellants, corporations and agents, challenged the judgment of the Superior Court of Los Angeles County (California), which held that appellee insurer was not liable for indemnification on a malicious prosecution claim, but was liable for a duty to defend under Cal. Ins. Code § 533, and appellee also challenged the ruling, arguing that it was…

Procedural Posture

Procedural Posture

Defendant employers filed a motion for reconsideration of the judgment denying their motion to dismiss and/or for summary judgment of plaintiff former employees’ cause of action for misrepresentation to prospective employers of the terms, conditions, and manner of performance by plaintiffs of their employment with defendants. Defendants contended that the plaintiffs’ action was preempted by…

Procedural Posture

Procedural Posture

In state court, plaintiff consumers filed a class action lawsuit against defendant businesses, alleging negligence and violation of Cal. Civil Code §§ 1798.81.5(b) and (c), 1798.81, and 1798.82; Cal. Bus. and Prof. Code § 17200; and Cal. Code Civ. Proc. § 1060. After one business filed for bankruptcy, the consumers removed the action to federal…

Overview

Overview

HOLDINGS: [1]-In a putative class action, plaintiff’s conversion claim failed because there was no legal basis for plaintiff’s setoff theory; [2]-Plaintiff did not assert that the specific sum at issue had been converted in a way that could be supported by California case law; [3]-The conversion claim was subject to dismissal without leave to amend…

Procedural Posture

Procedural Posture

Defendant employer moved to dismiss plaintiff employee’s amended complaint and plaintiff moved to remand the action to state court in plaintiff’s action for wrongful termination of employment and related claims. Overview Plaintiff employee had brought action against defendant employer for wrongful termination of employment, breach of implied contract, and other claims. Defendant employer removed the…

Procedural Posture

Procedural Posture

Defendant employer moved to dismiss plaintiff employee’s amended complaint and plaintiff moved to remand the action to state court in plaintiff’s action for wrongful termination of employment and related claims. Overview Plaintiff employee had brought action against defendant employer for wrongful termination of employment, breach of implied contract, and other claims. Defendant employer removed the…