New CA Arbitration Case

Which Party Had the Obligation to Start the Arbitration Proceeding?  

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

Arzate v. ACE American Insurance Company (2025) _ Cal.App.5th _, 2025 WL 309326: The Court of Appeal reversed the trial court’s order that reversed its earlier order granting defendant’s motion to compel and lifted the stay of litigation after neither of the parties took any action to initiate arbitration. The underlying action was a wage and hour action by employees against defendant employer. The arbitration agreements at issue required any person having employment related legal claims to submit them to arbitration. They also required the party who wanted to start the arbitration procedure to begin the process by filing a demand for arbitration. The trial court concluded that the defendant had the  obligation to commence arbitration, which is why it lifted the litigation ...

In the newest episode of Trial Alchemy™, I interview ABOTA member and outstanding defense trial lawyer Christopher P. Wesierski, 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 rea...

In Season 3, Podcast #17 of Trial Alchemy™, I interviewed ABOTA member and outstanding plaintiff attorney Robert F. Vaage, Esq.  

Click on the video above to hear Bob discuss the importance of going after challenges for cause to remove potential bad jurors.  
 

Click here to listen to complete podcast.
To listen to or watch 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 attentio...

New CA Medical Malpractice Case

How Many MICRA Caps Are in a Medical Malpractice Case alleging
Wrongful Death and a Survival Action?  

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

Ng v. Super. Ct. (2025) _ Cal.App.5th _, 2025 WL 323098: The Court of Appeal granted a writ petition that directed the trial court to vacate its earlier order granting defendant Los Alamitos Medical Center, Inc.’s (defendant) motion to strike portions of plaintiff’s complaint seeking two MICRA caps in an action for wrongful death and a survival action. The dispute was whether recent amendments to the cap on noneconomic damages (Civ. Code, § 3333.2) under the Medical Injury Compensation Reform Act of 1975 (MICRA) and to the availability of noneconomic damages in survival actions (Code Civ. Proc., § 377.34) permitted plaintiff to recover noneconomic damages under one or two MICRA caps. The Court of Appeal concluded that the recent amen...

In the newest episode of Trial Alchemy™, I interview ABOTA member and outstanding plaintiff's trial lawyer Robert F. Vaage, 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 or watch 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 re...

New CA Arbitration/Employment Case

Did plaintiff's PAGA action allege individual claims?  

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

Leeper v. Shipt, Inc., et al. (2024) _ Cal.App.5th _, 2024 WL 5251619: The Court of Appeal reversed the trial court’s order denying defendants’ motion to compel arbitration of plaintiff’s action under the Private Attorneys General Act of 2004 (PAGA; Lab. Code, § 2698 et seq.). The trial court denied the motion based upon its conclusion that plaintiff’s PAGA action did not allege any individual claims subject to arbitration under the parties’ arbitration agreement. The Court of Appeal disagreed and reversed. Based on the unambiguous, ordinary meaning of the relevant statutory language and the legislative history of that language, the Court of Appeal concluded that every PAGA action necessarily includes an individual PAGA claim. The Court of Appeal reversed the trial court and d...

New CA Civil Procedure Case

Does CCP § 437.5's two-year time limit apply to
CCP § 473(d) motions to vacate a judgment that is void? 

Last month, the California Supreme Court addressed this issue. Below is my one-paragraph summary of this new decision:

California Capital Insurance Company v. Hoehn (2024) _Cal. 5th_, 2024 WL 4812045:
The California Supreme Court overruled the rule in Rogers v. Silverman (1989) 216 Cal.App.3d 1114 (Rogers) and its progeny that Code of Civil Procedure section 437.5's two-year time limit applies to Code of Civil Procedure section 473(d) motions to vacate a judgment that is void, stating that procedural hurdles that are unnecessary to the fair adjudication of default judgments should not stand in the way of the vindication of a defendant's due process rights. In the underlying case plaintiff attempted to serve defendant in 2010 and allegedly obtained substituted service on defendant's girlfriend. In 2011 plaintiff obtained a default judgment of $486,528 aga...

In the newest episode of Trial Alchemy™, I interview 2024 ABOTA National President and outstanding defense attorney La'Verne Edney, Esq. about what works, and what doesn't work in civil jury trials. Listen today to learn from a 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.
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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....

New CA Civil Procedure Case re CCP 998 Offers

Are simultaneous alternative 998 offers valid? 

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

Gorobets v. Jaguar Land Rover North America, LLC (2024) _ Cal.App.5th _ , 2024 WL 4456864: In this important new case dealing with CCP 998 offers, the Court of Appeal affirmed the trial court’s order holding that because defendant had sent one valid CCP 998 offer that plaintiff rejected, and plaintiff failed to get a more favorable result at trial, plaintiff’s costs and attorney fees were limited and defendant was awarded its post-offer costs. The twist in this case was that defendant made two simultaneous 998 offers that it labeled as “alternative offers.” After plaintiff leased a lease a new 2016 Land Rover LR4 from defendant, he experienced numerous defects and nonconformities that defendant was unable to repair. Plaintiff sued defendant in a lemon law case under the Son...

In the newest episode of Trial Alchemy™, I interview Inner Circle of Advocates member and outstanding plaintiff civil trial lawyer Jude Basile about what works, and what doesn't work in civil jury trials. Listen today to learn from a 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 rat...