Articles Posted in California Courts of Appeal

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Plaintiffs and appellants Eugene G. Plantier, as Trustee of the Plantier Family Trust (Plantier); Progressive Properties Incorporated (Progressive); and Premium Development LLC (Premium), on behalf of themselves and all others similarly situated (collectively plaintiffs), appeal the judgment in favor of defendant and respondent Ramona Municipal Water District (District or RMWD). On appeal, plaintiffs contend the trial court erred when it found there was a mandatory exhaustion requirement in section 6 of article XIII D. Plaintiffs further contended they satisfied the administrative remedy in the Ramona Municipal Water District Legislative Code, and that, in any event, the exhaustion doctrine in section 6 should not have been applied to them because the remedy therein was inadequate and because it was "futile" to purse any administrative remedy under this constitutional provision. The Court of Appeal concluded plaintiffs' class action was not barred by their failure to exhaust the administrative remedies set forth in section 6 because plaintiffs' substantive challenge involving the method used by District to calculate its wastewater service fees or charges was outside the scope of the administrative remedies, and because, under the facts of this case, those remedies were, in any event, inadequate. View "Plantier v. Ramona Municipal Water Dist." on Justia Law

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In consolidated class actions, plaintiffs claimed the brokers who represented them in the sale of their homes and a group of companies that provided services in connection with those sales violated their fiduciary duties by failing to disclose alleged kickbacks paid by the service providers to the brokers in connection with the sales. Defendants filed motions to compel arbitration on the basis of three separate agreements, at least one of which was executed by each plaintiff. The trial court found the arbitration clauses in two of the agreements inapplicable, but compelled the signatories of the third agreement to arbitrate with their brokers. Invoking the doctrine of equitable estoppel, the court also required the signatories of the third agreement to arbitrate their claims against the service providers, who were not parties to the arbitration agreements. The court of appeals reversed with respect to the two arbitration clauses the lower court found inapplicable. Each of the plaintiffs executed one or the other of these two agreements. The court dismissed the cross-appeal of the plaintiffs who were required to arbitrate because an order compelling arbitration is not appealable. View "Laymon v. J. Rockcliff, Inc." on Justia Law

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AMR provides ambulance services in more than 15 California counties, employing dispatchers, call takers, drivers, emergency medical technicians (EMT’s), paramedics and nurses. Plaintiffs, four current or former employees, claimed that AMR failed to provide the meal and rest periods to which they were entitled under Labor Code sections 226.7 and 512 and the applicable wage orders issued by the California Industrial Welfare Commission. They alleged a class claim under the Labor Code; a class claim under Business and Professions Code section 17200, the Unfair Competition Law; and a claim for civil penalties under the Private Attorneys General Act of 2004 (PAGA), a representative action not subject to class action requirements. The court of appeal reversed the trial court’s denial of class certification as based on an incorrect legal assumption about the nature of rest periods: that a rest period during which an employee remains on call may be considered an off-duty rest period. The court acknowledged that there may be other bases on which the trial court may conclude on remand that plaintiffs have not shown the predominance of common issues required for class certification of their overarching rest period claim. View "Bartoni v. American Medical Response West" on Justia Law