Author: Hastings Law Journal

Submit Your Questions for Justice Cuéllar

Submit Your Questions for Justice Cuéllar

Next Wednesday, February 18, La Raza is hosting a Q&A with newly-appointed California Supreme Court Justice Mariano-Florentino Cuéllar. If you have any questions you’d like to submit, email them to SCOCAblog@hastingslawjournal.org — the moderator may have time to bring them up! The first immigrant Latino appointed to the highest court in California will make a special appearance at UC Hastings to speak about his journey and experiences as an attorney, professor, and now a Supreme Court justice. UC Hastings Professor Leo Martinez will lead the Q&A session. Date: February 18, 2014 Time: 3:30pm – 4:30pm Where: Alumni Reception Center (ARC),...

Happy Holidays from SCOCAblog!

Happy Holidays from SCOCAblog!

Thank you for bearing with us as SCOCAblog ramps up. After the holidays, we will be getting you more frequent updates of what is happening at the Supreme Court of California, and bringing you analysis of pending and decided cases from our expert panel of contributors. If you’re interested in contributing, email us here. Also, stay tuned for a new added function at SCOCAblog: a live docket! The live docket will keep you updated on all of the cases on SCOCA’s docket.

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;...