The California Supreme Court just set forth clear rules as to what a Court can consider when ruling on an anti-SLAPP motion. In Sweetwater Union School District v. Gilbane Building Co. (Cal. 2016) 202 Cal.Rptr.3d 711 [371 P.3d 223], the Court held that “In determining a plaintiff’s probability of success the (trial ) court may…
In a recent 2nd District Court of Appeal case, the Court held that contractual arbitration proceeding is not protected activity under the anti-SLAP Statute (Code of Civil Procedure 425.16). In Zhang v. Jenevein 2019 DJDAR 604, the Court held that even though arbitration awards are subject to judicial confirmation, contractual arbitration is not an “official…
On Monday, February 25, 2019, Judge Linda Marks of the Orange County Superior Court issued a favorable ruling on a motion for summary judgment brought by Julander, Brown & Bollard in a case that was scheduled to go to trial in March of this year. The ruling will remove JBB’s client, a large New York…
In a recent case in 2nd District of the California Court of Appeal, Vasquez v San Miguel Produce, Inc. (2018 DJDAR 789), the Court held that an agency or similar relationship between a nonsignatory and one of the parties to an arbitration agreement allows enforcement of arbitration by the nonsignatory. In the case, plaintiffs were employed…
Julander, Brown & Bollard successfully defended an indemnity cross-complaint against its client, Arlon LLC, who was also awarded all of its attorney’s fees incurred in the defense. Arlon sold its vinyl manufacturing business to Arlon Graphics in 2011. As part of the Asset Purchase Agreement, Graphics agreed to assume responsibility under the existing building…
Most employers are familiar with the general laws that require them to provide their employees with 30 minute lunch break. What many employers do not know is that their employees are entitled to a second meal break if the employees work more than 10 hours in a given day. California Law on Two Lunch Breaks
On October 20, 2014, Ret. Judge Stephen E. Haberfeld of JAMS issued an arbitration award in favor of the firm’s client, Burkhalter, Kessler, Clement & George (BKGG) in a dissociation lawsuit brought by former partner, Eric J. Goodman. Mr. Goodman sought the recovery of more than $400,000 pursuant to Section 16701 of the California Corporations…
On October 1, 2014, the firm received an Arbitration Award on behalf of its client, Contructora Camabuga, a Mexico-based developer that purchased an ocean-view lot in Malibu back in 2010. Our client alleged that the seller and the real estate agent intentionally concealed facts relating to geotechnical issues known by them which made the lot unbuildable under…
Julander, Brown & Bollard attorneys Dirk O. Julander, William C. Bollard and Dustin M. Monroe won a substantial judgment in the United States District Court, District of Hawaii on behalf of their clients, D. Bello Associates, Inc. (DBA) and its principals, Doug Bello and Jeffrey Bates. DBA was accused of breaching an agreement with HDEP,…