Case Updates

By Norm Chernin Norm Chernin This Court of Appeal decision is 51 pages long;  but the best way to read it is to start with the map attached as an exhibit on page 52 [The map needs to be seen in color. Try justia.com if you only have access to a black and white version.] It is a classic case of a trial judge trying to overcome poor legal draftsmanship exacerbated by less than stellar civil procedure practice by plaintiff’s… Read more

Douglas Borchert By Douglas Borchert The plaintiff sought to quiet title to two claimed easements within residential gated communities in which she held no property interest. The trial court granted her an express easement or in the alternative a prescriptive easement and an equitable easement over all the private streets in a gated community (Indian Springs) in Chatsworth and also an express or in the alternative prescriptive and equitable easements over the Lenope lot in the adjacent Indian Oaks gated… Read more

Matthew Omlansky, a relator, brought a qui tam action against Save Mart Supermarkets alleging False Claims Act violations for seeking reimbursement for prescription and nonprescription medications sold to Medi-Cal patients at rates higher than the rates charged to customers paying cash. Specifically, Omlansky alleged this practice violated a 2009 state statute capping Medi-Cal billings at Save Mart’s “usual and customary price.” (See Welf. & Inst. Code, §§ 14105.45, subd. (b), 14105.255, subd. (b).) The trial court sustained Save Mart’s demurrer and Omlansky appealed. Read more

Clifford v. Quest Software Inc. (CA4/3 G055858, filed 7/23/19, ord. pub. 8/14/19) Arbitration/Unfair Competition Law. Different from a UCL claim seeking public injunctive relief, a UCL claim seeking private injunctive relief or restitution may be subject to arbitration. Read more

California Appellate Court Declines to Extend the Holding in Edwards v. Arthur Andersen LLP Invalidating Noncompete Provisions in the Employment Context to an Exclusive Dealing Business Arrangement On August 29, 2019, the California Court of Appeal, Fourth Appellate District, in the case of Quidel Corporation v. The Superior Court of San Diego County/Beckman Coulter, Inc., 2019 Cal. App. LEXIS 815, Cal. Ct. Appeal Case No. D075217 (Aug. 29, 2019), granted the petition of Quidel Corporation and issued a writ instructing… Read more

Bob Connolly Law Office Of Robert Connolly Judge Beth Labson Freeman recently denied defendants’ motion for summary judgment in an indirect purchaser’s complaint alleging a price-fixing conspiracy among the major suppliers of titanium dioxide. Home Depot, U.S.A., Inc. v. E.I. DuPont De Nemours & Company, et al., Case No. 16-cv-04865-BLF; 2019 WL 3804667 (N.D. Cal. 8/13/2019) .  In a similar suit brought by the direct purchasers of titanium oxide, the District Court for the District of Maryland denied the defendants’… Read more

Harrison (Buzz) Frahn IV, John Goheen, Geoff Schmelkin Simpson Thacher & Bartlett LLP On July 25, 2019, U.S. Magistrate Judge Joseph C. Spero of the Northern District of California granted a motion to dismiss the antitrust suit brought by the City of Oakland (“Oakland”) against the Oakland Raiders (the “Raiders”), the National Football League (“NFL”), and all thirty-one other NFL teams over the Raiders’ planned relocation to Las Vegas.  City of Oakland v. Oakland Raiders, et al., No. 18-cv-07444-JCS, 2019… Read more

In re: National Football League's “Sunday Ticket” Antitrust Litig., — F.3d —-, No. 17-56119, 2019 WL 3788253 (9th Cir. Aug. 16, 2019) [Sunday Ticket] Lesley E. Weaver, Anne K. Davis, and Joshua S. Samra Bleichmar Fonti & Auld LLP SUMMARY Sunday Ticket, a putative antitrust class action by commercial and residential DirecTV subscribers (hereinafter, the “Plaintiffs”) on appeal to the Ninth Circuit from the Central District of California’s dismissal, alleges that the out-of-market game telecasting arrangements between the National Football… Read more

Recent Family Law Cases (current through 8/26/19)
By: Stephen D. Hamilton, CFLS Read more

Background: Limited liability company (“LLC”) operating agreements commonly contain a clause on “Tax Matters Partner” (“TMP”). A TMP represents a partnership before the Internal Revenue Service (“IRS”) in all tax matters under the former Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”). The TEFRA audit rules apply to LLCs that are treated as partnerships for federal income tax purposes. LLCs with 10 or fewer members are exempt from these rules. Read more