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WUN-LING CHANG, M.D., INC. VS BLUE CROSS OF CALIFORNIA, ET AL.

“The unfair competition statute is not confined to anticompetitive business practices, but is also directed toward the public's right to protection from fraud, deceit, and unlawful conduct.” Hewlett v. Squaw Valley Ski Corp. (1997) 54 Cal.App.4th 499, 519-520; California Practice Guide, B&P Code §17200 Practice, ¶3:17 (The Rutter Group 2019). (1) Fraudulent business practices under the UCL “The fraudulent business practice prong of the UCL has been understood to be distinct from common law fraud.

  • Hearing

    Feb 20, 2020

  • Type

    Insurance

  • Sub Type

    Intellectual Property

FOY & ASSOCIATES RIVERSTONE CASES

There likely will be numerous witnesses in these cases and management of substantial documentary evidence related to the underlying Riverstone federal action, and what Defendant knew about Riverstone’s alleged fraud. It is likely whether there will be a large number of separately represented parties on Plaintiff’s side. On balance, the first three factors of the CRC 3.400(b) analysis support a finding that these actions are complex for purposes of coordination. 2.

  • Hearing

    Sep 26, 2019

DAVID LIZARRAGA VS AMERICAN LANDSCAPE INC

Counsel Bae states that he devotes his practice to litigating class action cases involving wage and hour, consumer fraud and unfair business practices on behalf of consumers and employees. [Bae Decl., ¶44.] About 95% of his firm’s caseload consists of class actions in various stages of litigation, both in state and federal courts. [Id.] Counsel sets forth a representative sampling of class certification victories by the Aequitas Legal Group in wage and hour class actions at ¶46 of his Declaration.

  • Hearing

    Aug 15, 2019

  • Type

    Employment

  • Sub Type

    Other Employment

HEALTH NET INC VS AMERICAN INTERNATIONAL SPECIALTY LINES INS

“The court may, in the exercise of sound discretion, set aside a stipulation entered into through inadvertence, excusable neglect, fraud, misrepresentation, mistake of fact, or law when the facts stipulated have changed, when there has been a change in the underlying conditions that could not have been anticipated, or where special circumstances exist rendering it unjust to enforce the stipulation.” 3 Cal. Jur. 3d Agreed Case and Stipulations § 43 (footnotes omitted).

  • Hearing

    Jun 13, 2019

FRANCISCO GARCIA VS AMERICAN GOLF CORP ET AL

. §2’s saving clause include “generally applicable contract defenses, such as fraud, duress, or unconscionability[.]” Id. at 1746. Thus, Concepcion specifically preserved state law defenses to arbitration agreements, so long as the defense did not invalidate a particular type of arbitration agreement (i.e., arbitration agreements appearing in employment contracts). As such, the Armendariz factors are still applicable with respect to the unconscionability analysis, and these are discussed below.

  • Hearing

    Oct 16, 2018

  • Type

    Employment

  • Sub Type

    Other Employment

WALFRED L ESPESETH VS CALAMP CORP

Said disputes may include but are not limited to claims for or under: breach of contract, fraud, misrepresentation, defamation, personal injury, wages, salary, wrongful termination, vacation pay, sick pay, overtime pay, the Federal Labor Standards Act and comparable state laws, the Civil Rights Act of 1964, as amended, 42 U.S.C. section 1981, the Americans with Disabilities Act, laws that prohibit discrimination based on religion, sex, age, color nationality, physical impairment, disability, medical condition

  • Hearing

    Jul 03, 2018

CERTAIN UNDERWRITERS AT LLOYDS VS ROCKWELL AUTOMATION CORP E

Further, the Bankhead jury returned a special verdict finding that Meritor and Abex acted with malice, oppression or fraud. [RJN, Exh. 1 [Bankhead Special Verdict Question 19]; TIG Conf. Evid. at p. 0235 [Henry Decl., ¶ 25, Exh. 25 (Bankhead Judgment and Special Verdict) at Question 19]; TIG’s SS, Fact 43.] The Bankhead jury apportioned 15% fault to Meritor and another defendant, 30% fault to Abex, and 10% fault to the remaining defendants.

  • Hearing

    May 24, 2018

MANUEL I FIGUEROA MD VS MOLINA HEALTHCARE OF CA INC

“The fraudulent business practice prong of the UCL has been understood to be distinct from common law fraud. “A [common law] fraudulent deception must be actually false, known to be false by the perpetrator and reasonably relied upon by a victim who incurs damages. None of these elements are required to state a claim for injunctive relief” under the UCL. [Citations.]

  • Hearing

    May 03, 2018

JOHN FAITRO ET AL VS TOP SURGEONS INC ET AL

A These eight individual cases involved wrongful death, identity fraud, whistleblower and medical malpractice. [Alan Robertson Decl. filed October 24, 2017, ¶4.] According to Defendants (and not disputed by Plaintiffs), the individual settlements and the class settlement were part of a global settlement, based on a mediation held before Hon. Dickran Tevrizian (Ret.). Mr.

  • Hearing

    Feb 28, 2018

JOHN FAITRO ET AL VS TOP SURGEONS INC ET AL

A These eight individual cases involved wrongful death, identity fraud, whistleblower and medical malpractice. [Alan Robertson Decl. filed October 24, 2017, ¶4.] According to Defendants (and not disputed by Plaintiffs), the individual settlements and the class settlement were part of a global settlement, based on a mediation held before Hon. Dickran Tevrizian (Ret.). Mr.

  • Hearing

    Feb 08, 2018

ADAM KASS ET AL VS DOCLER MEDIA LLC

. §2’s saving clause include “generally applicable contract defenses, such as fraud, duress, or unconscionability[.]” Id. at 1746. Thus, Concepcion specifically preserved state law defenses to arbitration agreements, so long as the defense did not invalidate a particular type of arbitration agreement (i.e., arbitration agreements appearing in employment contracts). As such, the Armendariz factors are still applicable with respect to the unconscionability analysis, and these are discussed below. a.

  • Hearing

    Dec 07, 2017

AMY JONES ET AL VS DR SANDHU ANIMAL HOSPITAL INC ET AL

. §2’s saving clause include “generally applicable contract defenses, such as fraud, duress, or unconscionability[.]” Id. at 1746. Thus, Concepcion specifically preserved state law defenses to arbitration agreements, so long as the defense did not invalidate a particular type of arbitration agreement (i.e., arbitration agreements appearing in employment contracts). As such, the Armendariz factors are still applicable with respect to the unconscionability analysis, and these are discussed below. a.

  • Hearing

    Nov 02, 2017

RAMON VALENTIM ET AL VS TAKEDA PHARMACEUTICALS AMERICA INC E

Thereafter, the daughter brought an action against the wrongful death plaintiffs for a constructive trust, an accounting, apportionment, interference with prospective economic advantage, fraud, abuse of process, and negligent and intentional infliction of emotional distress. The trial court granted defendants' motion for a judgment on the pleadings. The Court of Appeal reversed and remanded for further proceedings.

  • Hearing

    Oct 05, 2017

DAVID CHAKLOS ET AL VS ELECTRO RENT CORPORATION ET AL

“However, such an action does not extend to such matters as alleged fraud, misrepresentation, forgeries, etc., in connection with obtaining approval of the reorganization.” Cal. Practice Guide, Corporations, ¶8:363 (The Rutter Group 2017) (citing Sturgeon Petroleums Ltd. v. Merchants Petroleum Co. (1983) 147 Cal.App.3d 134, 140) (emphasis supplied by Rutter Guide)).

  • Hearing

    Sep 26, 2017

LALITA TITO ET AL VS LOTUS PROPERTY SERVICES INC ET AL

Based on these allegations and the other allegations set forth in the Complaint, Plaintiffs allege claims for failure to pay minimum wage, failure to pay overtime, failure to provide accurate itemized pay statements, waiting time penalties, fraud, conversion – theft of labor, and violation of the UCL.

  • Hearing

    Sep 21, 2017

  • Type

    Employment

  • Sub Type

    Wrongful Term

JOHN FAITRO ET AL VS TOP SURGEONS INC ET AL

The Court further found that while the attorney-client privilege attaches to the documents, there was sufficient prima facie evidence before it to apply the fraud/crime exception under Evidence Code §956. The Court also determined that while the attorney work product rule applied to the lodged documents, the protection was qualified, and not absolute.

  • Hearing

    Aug 31, 2017

ALTA LOFTS HOMEOWNERS' ASSOCIATION VS MUNICIPAL HOLDINGS LLC

., where, through fraud or mistake, the material terms of the contract are not sufficiently “certain” to permit specific performance, the contract may be amenable to reformation to clarify the missing terms, whereupon it may then be specifically enforced. California Practice Guide, Real Prop. Trans., ¶11:410 (The Rutter Group 2016) (referencing Civil Code § 3402). Here, however, reformatio of the contract is not required, and B+S is not required to plead a specific cause of action for reformation.

  • Hearing

    Aug 15, 2017

CESAR A FAJARDO VS GLASSWERKS LA INC

In opposition, plaintiffs asserted there was fraud in the inception of the contract and that the contracts they signed were permeated with fraud. Without holding an evidentiary hearing, the trial court denied the petition to arbitrate as to all but one of the plaintiffs on grounds that plaintiffs presented sufficient evidentiary support for their allegations of fraud in the inception of the agreement.

  • Hearing

    Jul 20, 2017

MARY GRAY VS LOS ANGELES FEDERAL CREDIT UNION

The Complaint sets forth claims for Unfair Competition, Breach of Contract and Breach of the Covenant of Good Faith and Fair Dealing, Fraud, Unjust Enrichment, and Money Had and Received. Plaintiff originally filed in federal court; this action was filed in connection with the settlement.

  • Hearing

    Jun 26, 2017

JAIME GONZALEZ VS LUBY'S FUDDRUCKERS RESTAURANTS LLC

Plaintiff alleges claims based on fraud and false advertising. Following mediation, the parties settled the action. This Court granted preliminary approval of the settlement on August 18, 2019, setting a fairness hearing for February 16, 2017. On December 14, 2016, the parties’ request to continue the fairness hearing was granted and the hearing was continued to today’s date. II.

  • Hearing

    Jun 15, 2017

LISA RUMPH VS AMADA AMERICA INC ET AL

. §2’s saving clause include “generally applicable contract defenses, such as fraud, duress, or unconscionability[.]” Id. at 1746. Thus, Concepcion specifically preserved state law defenses to arbitration agreements, so long as the defense did not invalidate a particular type of arbitration agreement (i.e., arbitration agreements appearing in employment contracts). As such, the Armendariz factors are still applicable with respect to the unconscionability analysis, and these are discussed below.

  • Hearing

    Jun 13, 2017

MELVIN DELGADO VS AMERICAN JEWISH UNIVERSITY

. §2’s saving clause include “generally applicable contract defenses, such as fraud, duress, or unconscionability[.]” Id. at 1746. Thus, Concepcion specifically preserved state law defenses to arbitration agreements, so long as the defense did not invalidate a particular type of arbitration agreement (i.e., arbitration agreements appearing in employment contracts).

  • Hearing

    Jun 01, 2017

IN RE THE CALIFORNIAN ON WILSHIRE CONSOLIDATED CASES

Attorney-Client Privilege and Crime-Fraud Exception Here, W/F has, in addition to invoking the mediation privilege, has invoked the attorney-client privilege with respect to responses 3 and 4. The Court need not and will not consider the crime-fraud argument, given that the mediation privilege prevents the documents from being produced.

  • Hearing

    Apr 26, 2017

CESAR ROMERO ET AL VS PLS FINANCIAL SOLUTIONS INC ET AL

Gaines states that special attention must be paid to Western Union transactions at her store because they’re susceptible to fraud and money laundering. [Gaines Decl., ¶5.] She discusses how she flags a suspicious account, and how she trains her team to put detailed notes in the account and how to actively monitor it. [Id.]

  • Hearing

    Apr 25, 2017

DAVID VERA ET AL VS US BANKCARD SERVICES INC ET AL

. §2’s saving clause include “generally applicable contract defenses, such as fraud, duress, or unconscionability[.]” Id. at 1746. Thus, Concepcion specifically preserved state law defenses to arbitration agreements, so long as the defense did not invalidate a particular type of arbitration agreement (i.e., arbitration agreements appearing in employment contracts).

  • Hearing

    Mar 28, 2017

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

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