New Law To Close Abusive Caregiver Loopholes

October 21, 2019 – The California Legislature has closed loopholes in the Probate Code that allow abusive caregivers to marry their way into a dependent adult’s wealth. Assembly Bill 328, recently signed into law by Governor Newsom, takes effect on January 1, 2020. The new law will create a presumption of undue influence that applies…

Cal Court of Appeal Rules on Meal Period Liability

October 10, 2019 – Do meal period premiums trigger derivative liability for waiting-time penalties and inaccurate wage statements? The National Law Review reports that the California Court of Appeal has ruled in the negative on the oft-asked question. The Court has ruled that actions to recover unpaid meal period premiums under Labor Code section 226.7…

New Law Will Affect How Businesses Classify Workers

October 2, 2019 – California Governor Gavin Newsom has signed into law a new measure—Assembly Bill 5—which redefines how businesses classify their workers. Commonly known as AB 5, the new law seeks to codify the “ABC Test” for determining the professional nature of an employer/employee relationship. Simply put, the bill makes it much more difficult…

LASC Sets 2020 Appellate Division Hearing Dates

September 30, 2019 – LASC Appellate Division hearings in 2020 will be scheduled at 9 a.m. for Infraction and Misdemeanor cases and at 1:30 p.m. for Limited Civil cases. Hearings will be held in the Appellate Division courtroom, Department 70, Room 615, in the Stanley Mosk Courthouse in downtown Los Angeles. Hearings will be held…

9th Circuit Advances Facebook Facial Data Suit

September 10, 2019 – Rejecting arguments that Facebook users suffered no “concrete harm” by having their facial data mapped and stored, the Ninth Circuit advanced a $35 billion class action against the social media giant. Facebook sought to swat down the lawsuit last year after U.S. District Judge James Donato ordered the company to alert…

Court Changes at Edelman Children’s Courthouse

August 15, 2019 – Effective August 26, 2019, the Edmund D. Edelman Children’s Courthouse, located at 201 Centre Plaza Drive, Monterey Park, 91754, will implement the following department changes: Department D401 will be renumbered as D418; Department D418 will be renumbered as D401; Judge Akemi Arakaki, currently assigned to Department D414, will move to the…

Cal Supreme Court Rules on Class Certification Ascertainability

August 13, 2019 – Rejecting multiple Court of Appeal decisions requiring that plaintiffs provide an administratively feasible method to identify putative class members, the California Supreme Court in Sacramento has held that a proposed class is “ascertainable” when it is defined “in terms of objective characteristics and common transactional facts” that make “the ultimate identification…