California Lawyers Association

Business Law

Updates and events from the Business Law Section

Faiaipau v. THC-Orange County, LLC (Dec. 19, 2025, A171351) __ Cal.App.5th __ (2025 WL 3704596) Parties who agree to arbitrate medical negligence claims must arbitrate wrongful death claim alleging inadequate provision of healthcare. Ana Faiaipau was admitted to a long-term acute care hospital to recover from heart surgery. After she died at the facility, her successors-in-interest sued the hospital for negligence, Elder Abuse neglect, fraud or breach of fiduciary duty, violation of the unfair competition law (UCL), and wrongful death.… Read more
January 12, 2026 The following is a case review written by Hale Andrew Antico, Chief Counsel of Antico Law Firm, analyzing Namba v. Jafroodi (In re Jafroodi), 2025 WL 3539243 (Bankr. C.D. Cal. Nov 30, 2025), a recent case of interest. SUMMARY In Jafroodi, the bankruptcy court held that a jury trial demand filed months after the amended complaint was not waived by procedural delay or a district court's denial of withdrawal, preserving the Seventh Amendment right despite administrative lags. … Read more
Factual Background This action is brought by a franchisor against its former franchisee and the franchisee’s principle executive for breach of the post-term noncompete, among other breaches. Plaintiff Brightstar Franchising, LLC (“Brightstar”) is the franchisor for BrightStar Care Agencies, which provide in-home care services within defined territories pursuant to a proprietary operating system developed since the company’s founding in 2005. Defendant Foreside Management Company (“Foreside”) is a former Brightstar franchisee for the territory of California, and is owned and managed… Read more
December 2025 The following published decision may be of interest to attorneys practicing insurance law: CALIFORNIA COURT OF APPEAL The Insurance Commissioner lacks authority to mandate that the California FAIR Plan offer liability coverage. California FAIR Plan Association v. Lara (2025) __ Cal.App.5th __. The California Insurance Commissioner issued an order directing the FAIR Plan to offer a homeowner’s policy covering perils not covered by the standard fire policy, including premises liability and workers’ compensation.  The FAIR Plan challenged the… Read more
Soody Tronson is Founding Managing Counsel of STLG Law Firm, a boutique intellectual property practice recognized by Chambers as a top-tier boutique IP firm. With 25+ years at the intersection of law, technology, and business, including roles at large law firms, startups, and Fortune 100 companies, she counsels domestic and international clients in intellectual property, technology transactions, and regulatory compliance. Read more
As we close out the 2025 year, it is apparent that our world needs change and growth. The reports of violence and disruption have been overwhelming and those are just the ones that made the headlines. Read more
In PSP Franchising, LLC v. Surefed Plus, LC, franchisor PSP Franchising, LLC (“PFP”) sought a temporary restraining order (“TRO”) against its former franchisee, SureFed Plus, LC (“Surefed”), and four individual guarantors (collectively, “Defendants”), alleging breach of post-termination covenants and trademark infringement. Read more
In Morsey, the bankruptcy court granted the motion of the chapter 7 trustee (the “Trustee”) to dismiss the complaint of plaintiff Community Financial Services Bank, Inc. (the “Bank”) seeking damages for the Trustee’s alleged breach of fiduciary duty and negligence in his handling of collection of receivables comprising the Bank’s cash collateral pursuant to a contract. In essence, the bankruptcy court reasoned that the Bank’s claim would elevate the Trustee’s fiduciary duty to the Bank above his fiduciary duty to all other creditors, as well as hold the Trustee responsible for some of the Bank’s own failures. Read more
The following published decisions may be of interest to attorneys practicing insurance law: CALIFORNIA COURT OF APPEAL Insured’s attack on his roommate “based on” gender and committed with malice and oppression was not a covered “occurrence” under a liability policy, even though the jury also found negligence. Read more

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