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RSSAuthor Archive for Monty A. Mcintyre

Monty A. McIntyre follows his passions for the law and serving others by serving as a mediator, arbitrator and motion referee to help individuals, businesses and lawyers obtain rapid, reasonable resolution of disputes. He is also the Publisher of McIntyre’s California Civil Law Update and can be reached at 619-990-4312 or monty.mcintyre@gmail.com.

California Case Summaries Civil™. Organized Succinct Summaries of New Civil Cases.

California Case Summaries Civil™. Organized Succinct Summaries of New Civil Cases.

CALIFORNIA SUPREME COURT Employment Dynamex Operations West, Inc. v. Superior Court (2018) _ Cal. 5th _ , 2018 WL 1999120: The California Supreme Court affirmed the Court of Appeal decision denying a writ petition challenging the decision of the trial court’s order certifying a class action by delivery drivers alleging wage and hour and other […]

California Case Summaries Civil™ Organized Succinct Summaries of New Civil Cases

California Case Summaries Civil™ Organized Succinct Summaries of New Civil Cases

CALIFORNIA SUPREME COURT Torts T.H. v. Novartis Pharmaceuticals Corporation (2017) _ Cal.5th _, 2017 WL 6521684: The California Supreme Court affirmed the Court of Appeal’s ruling directing the trial court to sustain a demurrer but grant leave to amend in a case where plaintiff alleged that defendant manufacturer failed to properly warn about known or […]

Organized Succinct Summaries of Some New California Civil Cases

Organized Succinct Summaries of Some New California Civil Cases

CALIFORNIA SUPREME COURT Torts Rubenstein v. Doe No. 1 (2017) _ Cal.5th _, 2017 WL 3691550: The California Supreme Court reversed the Court of Appeal decision finding that plaintiff had timely filed her sexual molestation claim in 2012, arising from events that occurred in 1993 and 1994. The California Supreme Court ruled that a government […]

California Case Summaries Civil™.

California Case Summaries Civil™.

Organized Succinct Summaries of Some New California Civil Cases CALIFORNIA SUPREME COURT Civil Code Scher v. Burke (2017) _ Cal.5th _, 2017 WL 2589509: The California Supreme Court affirmed the Court of Appeal’s holding that Civil Code section 1009(b), which limits the circumstances in which courts may find implied dedication of private coastal property section 1009, […]

McIntyre’s Civil Alert. Organized Succinct Summaries.

McIntyre’s Civil Alert. Organized Succinct Summaries.

CALIFORNIA COURTS OF APPEAL Appeals Chango Coffee, Inc. v. Applied Underwriters, Inc. (2017) _ Cal. App.5th _, 2017 WL 2302170: The Court of Appeal dismissed defendant’s purported appeal from the trial court’s order denying its renewed petition to compel arbitration under Code of Civil Procedure section 1008(b) because an order denying a renewed motion or […]

California Case Summaries ADR™. Organized Succinct ADR Summaries by Monty A. McIntyre, Esq.

California Case Summaries ADR™. Organized Succinct ADR Summaries by Monty A. McIntyre, Esq.

CALIFORNIA SUPREME COURT Arbitration McGill v. Citibank (2017) _ Cal.5th _, 2017 WL 1279700: In a class action alleging claims under the Consumers Legal Remedies Act (CLRA; Civ. Code, § 1750 et seq.), the unfair competition law (UCL; Bus. & Prof. Code, § 17200 et seq.), the false advertising law and the Insurance Code arising […]

McIntyre’s Civil Alert

McIntyre’s Civil Alert. Organized Succinct Summaries by Monty A. McIntyre, Esq.

CALIFORNIA SUPREME COURT Civil Procedure (Motion for New Trial) Kabran v. Sharp Memorial Hospital (2017) _ Cal.5th _, 2017 WL 218033: The California Supreme Court affirmed the judgment of the Court of Appeal that upheld the trial court’s order granting a motion for new trial even though the plaintiff had failed to timely file the […]

McIntyre’s Civil Alert. Organized Succinct Summaries.

McIntyre’s Civil Alert. Organized Succinct Summaries.

CALIFORNIA SUPREME COURT Attorneys (Anti-SLAPP) Barry v. State Bar of California (2017) _ Cal.5th _, 2017 WL 56342: The California Supreme Court reversed the judgment of the Court of Appeal holding that, in the absence of subject matter jurisdiction, the trial court had no power to hear or decide an anti-SLAPP motion to strike under […]

Organized Succinct Summaries

McIntyre’s Civil Alert

Organized Succinct Summaries by Monty A. McIntyre, Esq. CALIFORNIA SUPREME COURT Real Property Horiike v. Coldwell Banker (2016) _ Cal.App.4th _, 2016 WL 6833005: The California Supreme Court affirmed the Court of Appeal’s decision that reversed the jury’s verdict for defendant at trial. An associate licensee owed to the buyer a duty under Civil Code section […]

McIntyre’s Civil Alert

McIntyre’s Civil Alert

CALIFORNIA COURTS OF APPEAL Appeal Hjelm v. Prometheus (2016) _ Cal.App.4th _ , 2016 WL 5815768: The Court of Appeal affirmed a jury verdict awarding plaintiffs economic damages of $11,652 and noneconomic damages of $60,000, and an attorney fee award of $326,475.00, in an action by tenants for damages caused by a bedbug infestation and a […]

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