New CA Supreme Court Arbitration Case

Does Ruiz v. Podolsky (2010) 50 Cal.4th 838 apply and require arbitration of
wrongful-death claims premised on custodial neglect in skilled nursing facilities?

California Supreme Court decided this important issue on August 14, 2025:

Holland v. Silverscreen Healthcare, Inc. (2025) __ Cal.5th __, 2025 WL 2349863: The California Supreme Court reversed the Court of Appeal’s decision that had ordered the plaintiff parents’ wrongful-death claim to arbitration under MICRA Code of Civil Procedure section 1295 and Ruiz v. Podolsky (2010) 50 Cal.4th 838 (Ruiz), concluding that the claim sounded in professional negligence (and, alternatively, lacked sufficient specificity). The California Supreme Court disagreed, concluding that Ruiz applies only to medical-malpractice disputes about the rendering of medical services, not to wrongful-death claims premised on custodial neglect in skilled nursing facilities, and it remanded the case to permit plaintiffs to am...

In the newest episode of Trial Alchemy™, I interview ABOTA member and outstanding plaintiff trial lawyer Skip Babbitt, Esq. about what works, and what doesn't work in civil jury trials. Listen today to learn from a civil jury trial expert!   
 

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Civil Trial Services

I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential case,...

New CA Employment/PAGA Case

Can a plaintiff bring a PAGA representative action if they have dismissed their individual claims?

Last month, the California Court of Appeal decided this important issue:

CRST Expedited, Inc. v. Super. Ct. (2025) __ Cal.App.5th __, 2025 WL 1874891: The Court of Appeal denied the employer defendant’s petition for writ of mandate seeking to overturn the trial court’s order denying defendant’s motion for judgment on the pleadings in plaintiff’s PAGA action alleging no individual claims, but only claims on behalf of other employees. The issue was whether Labor Code section 2699 authorizes an aggrieved employee to bring a lawsuit that seeks to recover civil penalties imposed for Labor Code violations suffered only by other employees. After plaintiff dismissed his individual claims, because they had been ordered to arbitration, defendant moved for judgment on the pleadings arguing that plaintiff could not bring PAGA claims for violations suffered only by other e...

n the newest episode of Trial Alchemy™, I interview 2025 National ABOTA President and outstanding defense trial lawyer Jennifer Haltom Doan, Esq. about what works, and what doesn't work in civil jury trials. Listen today to learn from a civil jury trial expert!   
 

Click here to listen to complete podcast.
To listen to this and earlier episodes on Spotify, click here.
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Civil Trial Services

I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To dis...

New CA Settlement Case

Can a derivative action be settled without
express trial court approval?

Last month, the California Court of Appeal decided this important issue:

Norman v. Strateman et al. (2025) __ Cal.App.5th __, 2025 WL 1718303: The Court of Appeal reversed the trial court’s order granting defendants’ motion to enforce a settlement agreement and its order denying plaintiff’s motion to set aside a settlement agreement. After defendants closed Intersango, a start-up cryptocurrency exchange, plaintiff filed a derivative action alleging numerous causes of action against defendants. Defendants later filed a derivative cross-complaint against plaintiff. Before trial the parties entered into a settlement agreement and put it on the record before a settlement judge, not the trial judge. Neither the settlement judge nor the trial judge expressly approved the settlement of the case. When the parties later filed their motions to set aside and enforce the settlement, the trial judge gran...

In the newest episode of Trial Alchemy™, I do something different. Less than half-way through this year in 2025 we've seen an unprecedented number of events that have impacted and created challenges to the Rule of Law that is a key fundamental foundation underlying our democracy in the United States. In this episode I have a wide-ranging discussion with Jennifer Haltom Doan, Esq., the 2025 National President of the American Board of Trial Advocates, about the Rule of Law. Thanks for listening!

You can watch the video above to listen to the complete podcast.
Click here to listen to complete podcast.
To listen to this episode and earlier episodes on Spotify, click here.
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Civil Trial Services

I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real propert...

In Season 3, Podcast #21 of Trial Alchemy™, I interviewed ABOTA member and outstanding plaintiff attorney Craig M. Peters, Esq.  

Click on the video above to hear Craig discuss how, in his experience, attorney credibility is more important in persuading a jury than trial themes. 

Click here to listen to complete podcast.
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Civil Trial Services

Monty handles a few select civil cases where he represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using his experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, Monty's goal is to get each client the best possible result. Clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential case, emai...

In the newest episode of Trial Alchemy™, I interview ABOTA member and outstanding plaintiff trial lawyer Craig M. Peters, Esq. about what works, and what doesn't work in civil jury trials. Listen today to learn from a civil jury trial expert!   
 

Click here to listen to complete podcast.
To listen to this episode and earlier episodes on Spotify, click here.
To listen to this episode and earlier episodes on Apple Podcasts, click here.
To watch and listen to this episode and earlier episodes on YouTube, click here. 

Civil Trial Services

I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rate...

n Season 3, Podcast #20 of Trial Alchemy™, I interviewed ABOTA member and outstanding defense attorney Walter M. Yoka, Esq.  

Click on the video above to hear Wally discuss how defense lawyers can cross-examine the plaintiff's expert in the defense opening statement. The defense opening is the only time in a trial that the defense gets the last word.

Click here to listen to complete podcast.
To listen to the podcast on Spotify, click here.
To listen to the podcast on Apple, click here.
To watch and listen to the podcast on YouTube, click here.

Civil Trial Services

I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm atten...

New CA Meal Break Case

Is a written prospective waiver of a meal break effective for shifts between five and six hours?

Last month, the California Court of Appeal decided this issue of first impression. Below is my one-paragraph summary of this new decision:

Bradsbery v. Vicar Operating, Inc. (2025) __ Cal.App.5th __, 2025 WL 1155812: The Court of Appeal ruled on an issue of first impression regarding meal breaks. Can an effective mutual waiver by an employer and employee of the 30-minute meal period after five hours of work, occur prospectively and in writing pursuant to Labor Code Section 512, which provides that for shifts between five and six hours the first meal period may be waived by mutual consent of both the employer and employee? The Court of Appeal affirmed the trial court’s order granting defendant’s motion for summary judgment in plaintiffs’ wage and hour action alleging that defendant failed to provide employees with the meal periods required by section 512 and IWC Wage ...