Civil Action with Brian & Shant

In Re Facebook Inc Internet Tracking (9th Circuit) Facebook and Whether Their Tracking of Users Violates Various CA Privacy Statutes Reynolds v Ford Motor Co (1st DCA) Lemon Law Claims and the Proper Measure of Fees Waller v FCA US LLC (2nd DCA) Admissibility of An Expert’s Opinion Luna v. Hansen (9th Circuit) The Fair Credit Reporting Act and the Disclosure Requirements

Nationwide Biweekly v. Superior Court (CA Sup. Ct.) The UCL and False Advertising—whether parties are entitled to a jury trial in a UCL case. Calucci v. T-Mobile (4th DCA) Punitive Damages—a good primer on punitive damages. LN Management LLC v. JP Morgan (9th Circuit) Whether Dead People Can Be Sued—spoiler alert. . .they can’t.

Walker v Life Insurance Co. of the Southwest (USDC Central) A UCL Violation—pre-application illustrations in a life insurance policy. Textron, Inc. v. Travelers Casualty and Surety Co. (6th DCA) Choice of Law Rulings in Insurance Cases—whether it applies as Collateral Estoppel in a subsequent coverage action. KLA Tencor Corp. v Travelers (2nd DCA) The Duty to Defend a Malicious Prosecution Case—bu...

Thimon v City of Newark (1st DCA)  Road Design and the Standard for Summary Judgement Alaniz v Sun Pac Shippers (2nd DCA) The Privitte and Hooker Doctrine Reeve v Meleyco (3rd DCA) Enforceability of Referral Fees Lopez v Ledesma (2nd DCA) Medical Malpractice and the Standard for Applicability to Physician Assistants

Hance v Super Store Industries (5th DCA)  Enforceability of a Fee Share Agreement Fenimore v The Regents of the University of CA (2nd DCA)  Computation of the Statute of Limitations Brewer v. Remington (5th DCA)  The Delayed Discovery Rule San Francisco Print Media Company v. The Hearst Corporation (5th DCA)  Admissibility of Expert Testimony

Zehia v Sup Court of San Diego County (4th DCA) Personal Jurisdiction in the Electronic Defamation Action Torres v Design Group Facility Solutions (2nd DCA) Renewed Motion for Summary Judgment Disguised as a Motion for Reconsideration Grande v Eisenhower Medical Center and Flexcare (4th DCA)  Scope of Release Under the Dual Employer Theory Dumas v LA County Board of Supervisors (2nd DCA) Meet and...

Cases this week: Schaeffer v Califia Farms LLC (2nd DCA) What Constitutes A False Statement in a False Advertising Case Rincon EV Realty LLC v CP III Rincon Towers (1st DCA)  Overlap Between Legal Claims and Equitable Claims Walker v Fred Meyer Inc. (9th Circuit) Disclosure Requirements under the Fair Credit Reporting Act Campbell v Facebook (9th Circuit) Overruling Objection to Settlement with Fa...

Brian and Shant have an in-depth discussion with attorney and arbitrator Lee Straus about a case reviewed on a prior Civil Action podcast. Mr. Straus breaks down the subtleties of the case and further explains the purpose and reasoning behind his ruling. They also discuss Straus’ involvement and development in the State Bar’s Mandatory Fee Arbitration program where he is heavily involved. Please n...

Brian sits down with ethics attorney Ellen Pansky, remotely, to discuss COVID-19 and its impact on virtual court and other legal proceedings and her work as an advocate for matters involving the state bar’s regulations on professional conduct. 

Brian and Michael Childress sit down with Philip Camino of Camino Industries.  Philip owns and operates Fellow ( www.fellow.la ) among other hospitality venues in Los Angeles and nationally, including The Hudson, Earthbar, and Stout.  Philip shares his perspective on the hospitality industry pre and post-COVID, and looks to the future with a positive lens.  A person of immediate action, Philip was...

Brian and guest host, Serena Vartazarian speak with Loyola law student and Kabateck LLP law clerk, Gary Partamian about COVID-19, its effect on his final semester as a law student.  Gary gives his impressions on the impact the pandemic has on the California Bar Exam, and what he’s doing to prepare for either postponement or an altogether cancellation until COVID-19 concerns have been further allev...

Wilson v. Huuuge Inc. Brian and Shant discuss a class action based on a browsewrap arbitration agreement’s requirements.  Seemingly hidden, the consumer would have had to vigorously search through the website to find the agreement’s terms.  Accessibility to the terms dictate the determination of the outcome here.   Philadelphia Indemnity Ins. Co. v. SMG Holdings, Inc. Brian and Shant discuss an ad...

Becerra v. Dr. Pepper Brian and Shant discuss the use of the word “diet” and whether it misled consumers to believe that diet soda would likely promote weight loss.  Multiple dictionaries were used to understand what the word “diet’ is meant to convey, but the determination is based on the reasonable consumer test.   Stimpson v. Midland Credit Management Brian and Shant discuss defaulted payment t...

People v. Royal Brian and Shant discuss the past recollection recorded exception to the hearsay rule and the elements that trigger the exception.  They court examined the time element and determined that too much time had expired from the event itself to the time the recollection was recorded.   McDermott Ranch v. Connolly Ranch Brian and Shant discuss a case arising out of a property dispute stem...

Brian and Shant sit down with appellate attorney Harry Chamberlain to discuss the origins of the of the Anti-SLAPP statute, protecting the free speech of lawyers, and tips for preserving a good record for appeal.  Harry is certified as an Appellate Specialist by the California State Bar Board of Legal Specialization, handling hundreds of appeals across the country, including numerous cases before...

Halyard Health v. Kimberly Clark 2nd DCA Brian and Shant discuss a declaratory relief action in a matter that arises out of Michael Avenatti’s Kimberly Clark Case.  The issue is whether Delaware or California law dictates which defendant is responsible for a punitive damages award granted to the plaintiffs.    Safechuck v. MJJ Productions 2nd DCA Brian and Shant discuss childhood sexual assault la...

Brian and Shant speak with renowned defense attorneys Dana Fox and Eddie Ward. They discuss the defense perspective on trials, civility, and moving cases along current COVID-19 crisis. Dana Fox and Eddie Ward are partners at Lewis Brisbois. Dana Fox has a reputation as the “go-to” attorney in high profile, high exposure catastrophic accident, police use of force, premises and product liability, pu...

Brian and Shant discuss business interruption insurance with Michael Childress, Of Counsel at Kabateck LLP.    With all the closures, businesses large and small are taking the inordinate hit for the rest of society to reduce the impact of the COVID-19 virus.  We primarily look at property insurance policies.  This is where we find coverage for damage to dwellings, buildings, and business income lo...

Union Pacific Railroad v. Ameron Pole Property Brian and Shant discuss an inquiry into the causation element of an accident involving a light pole.  The plaintiff’s case first thrown out on summary judgment was later reversed because the remaining parties’ indemnity suit and the plaintiff’s complaint were inextricably connected.   Gordon v. ARC Manufacturing, Inc. 4th DCA Brian and Shant discuss w...

Cacho v. Eurostar Defendant had facially non-compliant meal & rest break policies.  The court concluded that the class cannot be certified because Plaintiff did not sufficiently illustrate a uniform policy of missed meal breaks.  Individual questions predominated as to whether the plaintiff missed rest and meal breaks.    In Re Williams Sonoma A Kentucky resident brought a consumer class action ag...

From his first trial representing a family in a bad faith case resulting in a successful verdict to his recent whistleblower cases returning money to the federal government, Niall is passionate about his advocacy for the under-represented.  Niall has spent his entire 28-year career with his current firm where is the managing partner.  He suggests young lawyers to have the courage to expand their c...

The son of immigrant parents and the eldest of eight children, Minh is no stranger to hardship. Minh worked three jobs through college to fund his family’s mortgage and made his way to Hastings College of Law in San Francisco. Minh’s passion for advocacy comes through in his personal injury trial practice and his pro bono work from his past presidency of the Los Angeles Trial Lawyers’ Charities, l...

From an early age, the son of an elementary school principle and school secretary, Greg understood his path to protect those who were unable to protect themselves. Greg’s practice in Newport Beach was one of the first practices to successfully take an e-cigarette matter to trial.  Greg discusses one of his most memorable cases as a plaintiffs’ attorney where he successfully advocated for an elderl...

Brian and Shant discuss various types of litigation funding available to lawyers and law firms, and the potential pitfalls of the borrowing money to fund cases. Though not a novel practice in the legal profession, reliance on loans can become problematic for the practitioner and for the plaintiffs’ bar as a whole. Have questions for us? You can reach us at 213-217-5000, or visit our website at www...

 Craig discusses how he approached his first trial just short of 30 days of becoming a practicing lawyer and how it helped develop his skill despite how difficult the challenge.  Craig uses his 13-year career as a Contra Costa County Public Defender as a foundation to approach his cases from a different perspective.  Craig’s unique perspective allows him to view even the most challenging matters w...