eNews

DEPENDENCY (current through 9/21/2024)By:  John NiemanThe precise holdings in a given case are bolded. Auther’s note is italicized. In re Kenneth D. In re Kenneth D.8/19/24, C S276649https://www.courts.ca.gov/opinions/documents/S276649.PDF This is the first of 2 long-awaited CA Supreme Court decisions that resolve issues related to the adjudication of cases involving the Indian Child Welfare Act (ICWA). This case answers the question of the propriety of using post judgment evidence vis Code of Civil Procedure (CCP) §909 to decide the merits of… Read more

FAMILY LAW (Through 9/22/2024)By:  Andrew Botros, CFLS, CALSThe precise holdings in a given case are bolded. Auther’s note is italicized. Cardona v. Soto Cardona v. Soto9/17/2024 CA 1/1: A167089 – P.J. Humeshttps://www.courts.ca.gov/opinions/documents/A167089.PDF In this case, the Court of Appeal reversed a DVRO issued against Father in favor of Mother, which also protected the parties’ 12-year-old daughter. The DVRO arose from an incident where Father, allegedly intoxicated, physically assaulted his current wife in the presence of his daughter. When the daughter… Read more

DEPENDENCY (current through 8/18/2024)By:  John NiemanThe precise holdings in a given case are bolded. Auther’s note is italicized. In re A.P., et al In re A.P., et al7/26/24, CA 2/1 B327857https://www.courts.ca.gov/opinions/documents/B327857.PDF Mother appeals denial of her request for a restraining order (RO) against the father. At the time of the trial court’s decision, father had recently committed multiple acts of domestic violence against the mother. The trial court denied issuing an RO because the parents no longer lived together. In… Read more

FAMILY LAW (Through 8/20/2024)By:  Andrew Botros, CFLS, CALSThe precise holdings in a given case are bolded. Auther’s note is italicized. Bijan Boutiques, LLC v. Rosamari Isong Bijan Boutiques, LLC v. Rosamari Isong8/13/2024 CA 4/3: G063288 – P.J. Goethalshttps://www.courts.ca.gov/opinions/documents/G063288.PDF In this appeal, Bijan Boutiques, LLC (“Bijan”) challenges the trial court’s grant of summary judgment in favor of Rosamari Isong, as part of Bijan’s effort to enforce a judgment against Isong’s former husband, Richard Milam Akubiro. Bijan sought to void the property… Read more

What if you could receive your total fee upfront at the beginning of an engagement while still allowing your clients to pay in installments? It sounds too good to be true, doesn't it? With legal fee financing, not only is it possible, you can start taking advantage of this modern payment option today. Read more

In this action, Complete Genomics, Inc, (CGI”) alleged that Illumina improperly asserted three patents against it in the related action Illumina v. BGI Genomics Co., No. 3:20-cv-01465-WHO (N.D. Cal., filed Feb. 27, 2020) (“Infringement Action”) in an “unlawful, anticompetitive manner.” Read more

In an order and opinion denying a motion for preliminary approval of class action settlement, U.S. District Judge Charles R. Breyer of the Northern District of California found the proposed settlement in Arena v. Intuit Inc., Case No. 19-cv-02546-CRB, 2021 U.S. Dist. LEXIS 41994(N.D. Cal. Mar. 5, 2021) was not fair, reasonable, and adequate, and therefore did not satisfy Rule 23(e) of the Federal Rules of Civil Procedure, which requires the Court to approve class action settlements in light of due process concerns for absent class members. Read more

The Division of Workers’ Compensation (DWC) today announced that the 2022 minimum and maximum temporary total disability (TTD) rates will not change. Read more

The Division of Workers’ Compensation (DWC) today announced that as of October 1, 2021, in-person hearings will resume at all DWC district offices except Eureka, which is now a completely virtual office, and satellite locations Bishop, Marysville, Chico and Ukiah, which will also remain virtual. Read more

The California Superior Court has thrown sand in the gears of the gig-platform companies. Read more