California Lawyers Association

Case Updates

All case updates written and distributed by the CLA sections

Bristol SL Holdings v. CIGNA Health & Life (9th Cir. 23-55019 5/31/24) ERISA Affirming summary judgment for defendants, the court held that the Employee Retirement Income Security Act of 1974 preempted claims that a health plan administrator’s denial of reimbursements violated state law. Read more
A skilled nursing facility cannot compel arbitration of claims arising from a principal’s alleged maltreatment, pursuant to a contract signed by a health care agent. Read more
Alameda Health System is one of seven public entities that contract with the Alameda County Employees Retirement Association to provide retirement benefits to their employees. Read more
Code of Civil Procedure §1281.98 provides that if arbitration fees or costs “are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel the employee or consumer to proceed with that arbitration as a result of the material breach.” Effective January 1, 2022, the Legislature amended §1281.98 to include a new sentence in subdivision (a)(2): “Any extension of time for the due date shall be agreed upon by all parties.” Hohenshelt’s former employer Read more
Failure to comply with the requirement in newly enacted Welfare and Institutions Code section 5350, subdivision (d)(2), that trial must begin within ten days of demand is discretionary, not mandatory, grounds for dismissal. Read more
Ciminelli v. United States, No. 21-1170 Issue: Whether the Second Circuit’s “right to control” theory of fraud—which treats the deprivation of complete and accurate information bearing on a person’s economic decision as a species of property fraud—states a valid basis for liability under the federal wire fraud statute, 18 U.S.C. § 1343. Read more
In this case, the Court of Appeal considered whether a DVTRO could only be modified within the confines of Code of Civil Procedure section 533. Read more
Preservation Action Council of San Jose v. City of San Jose (2023) _ Cal.App.5th _ , 2023 WL 3365082” The Court of Appeal affirmed the trial court’s order denying a petition for writ of mandate seeking to overturn respondent’s approval of certification of a final supplemental environmental impact report (Final SEIR) for a proposed development of three, high-rise office towers as part of the City View Plaza Office Project sitting on an eight-acre site containing several historic structures in downtown San Jose. Conducting a de novo review, the Court of Appeal concluded that the Final SEIR adequately discussed mitigation for the unavoidable loss of significant historic resources and complied with the California Environmental Quality Act. (C.A. 6th, filed April 18, 2023, published May 10, 2023.) Read more
NCR Properties v. City of Berkeley (2023) _ Cal.App.5th _ , 2023 WL 2423352: The Court of Appeal affirmed the trial court’s order denying petitions seeking administrative mandamus and declaratory relief. Petitioners purchased two derelict single-family homes in Berkeley and rehabilitated them, converting them into triplexes. After plaintiffs rented out the units, a dispute arose as to whether the properties were subject to the City of Berkeley’s Rent Stabilization and Eviction for Good Cause Ordinance, Berkeley Municipal Code Chapter 13.76. Read more
A monthly publication of the Litigation Section of the California Lawyers Association. Read more

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