Tagged: Case Background

Upcoming oral argument in Sanchez v. Valencia Holding Company on arbitration agreement enforcement

Upcoming oral argument in Sanchez v. Valencia Holding Company on arbitration agreement enforcement

On May 5, 2015, the Supreme Court of California will hear arguments in Sanchez v. Valencia Holding Company, LLC. The case will address whether an arbitration clause from a car purchase contract is enforceable. The events of the case arose when plaintiff Gil Sanchez learned that the used Mercedes-Benz car he had purchased could not be repaired despite several attempts by the dealer. Sanchez later discovered that the car he purchased had previously been in an accident and was inadequately repaired. Sanchez sued, seeking class action status, for improper disclosures and other misconduct in the sale. The defendant car dealer,...

Case Background – Sanchez v. Valencia Holding Co.

Case Background – Sanchez v. Valencia Holding Co.

Sanchez v. Valencia Holding Co. – S214430 Issue Does the Federal Arbitration Act (9 U.S.C. § 2), as interpreted in AT&T Mobility LLC v. Concepcion (2011) 563 U.S. __ [131 S. Ct. 1740, 179 L.Ed.2d 742], preempt state law rules invalidating mandatory arbitration provisions in a consumer contract as procedurally and substantively unconscionable? Procedural History Opinion Below:  201 Cal.App.4th 74; Los Angeles County Superior Court; BC433634 Petition for review after the Court of Appeal affirmed an order denying a petition to compel arbitration.

Case Background – Rashidi v. Moser, M.D.

Case Background – Rashidi v. Moser, M.D.

October 7, 2014 – Oral arguments scheduled Rashidi v. Moser, M.D. – S214430 Issue If a jury awards the plaintiff in a medical malpractice action non-economic damages against a healthcare provider defendant, does Civil Code section 3333.2 entitle that defendant to a setoff based on the amount of a pretrial settlement entered into by another healthcare provider that is attributable to non-economic losses or does the statutory rule that liability for non-economic damages is several only (not joint and several) bar such a setoff? Procedural History Opinion Below:  219 Cal.App.4th 1170; Los Angeles County Superior Court; BC392082 Petition for review after the Court of...

Case Background – City of Los Angeles v. County of Kern

Case Background – City of Los Angeles v. County of Kern

Post Opinion Analysis — Written by Scott Dodson May 6-7, 2014 – Oral arguments held July 7, 2014 – Supreme Court released its opinion City of Los Angeles v. County of Kern – S210150 Issue Does 28 U.S.C. section 1367(d) require a party to refile its state law claims within 30 days of their dismissal from a federal action in which they had been presented, or does it instead suspend the running of the limitations period during the pendency of the claims in federal court and for 30 days after their dismissal? Procedural History Opinion Below: 214 Cal.App.4th 394; Tulare County Superior Court;...