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Newsletter
“Nearly Unreadable” Arbitration Agreement May Be Unconscionable
Fuentes v. Empire Nissan, Inc., 19 Cal. 5th 93 (2026)
Employer’s Roll Out Of Arbitration Agreement During Class Action Litigation Was Ineffective
Avery v. TEKsystems, Inc., 165 F.4th 1219 (9th Cir. 2026)
Unsuccessful PAGA Claimant Was Properly Denied Standing in Civil Action
Sorokunov v. NetApp, Inc., 2026 WL 590943 (Cal. Ct. App. 2026)
Resident Property Manager Was Properly Compelled to Vacate Premises Upon Termination of Employment
De Paolo v. Rosales, 118 Cal. App. 5th Supp. 1 (2026)
Employer That Violates Consumer Reporting Act Is Liable For at Least $10,000 per Violation
Parsonage v. Wal-Mart Assocs., Inc., 118 Cal. App. 5th 399 (2026)
Cambodian Villagers Could Proceed With Human Trafficking Lawsuit
Ratha v. Rubicon Resources, LLC, 168 F.4th 541 (9th Cir. 2026) (en banc)
March 2026
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Newsletter
March 2026 AFRs and 7520 Rate
New York Medical Aid in Dying Act
New California Probate Code §15804: Revised Virtual Representation in California
FINCEN - Residential Real Estate Rule
Update on New York Legislation Allowing Electronic Wills
March 2026
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Newsletter
Sexual Orientation Harassment Claim is Immune From Arbitration Under the EFAA
Quilala v. Securitas Sec. Servs. USA, Inc., 2025 WL 3639429 (Cal. Ct. App. 2025)
Employee’s “Misinterpretation” of the Law Did Not Preclude Recovery on Whistleblower Claim
Contreras v. Green Thumb Produce, Inc., 116 Cal. App. 5th 1251 (2025)
Plaintiffs Barred From Proceeding Pseudonymously
Roe v. Smith, 116 Cal. App. 5th 227 (2025)
Three-Year Workplace Violence Restraining Order is Upheld
County of Los Angeles v. Niblett, 116 Cal. App. 5th 454 (2025)
Case Was Properly Dismissed Under 5-1/2 Year Rule
Randolph v. Trustees of the Cal. State Univ., 2025 WL 3763384 (Cal. Ct. App. 2025)
Salvation Army Workers May Have Been Volunteers Exempt From Wage/Hour Laws
Spilman v. The Salvation Army, 2026 WL 35953 (Cal. Ct. App. 2026)
Lower Court Erred in Calculating Unpaid Wages and Assessing Manager’s Liability
Iloff v. LaPaille, 2025 WL 3718335 (Cal. Ct. App. 2025)
Strip Club Dancer Could Proceed With FLSA Retaliation Claim
Hollis v. R&R Restaurants, Inc., 159 F.4th 677 (9th Cir. 2025)
Employees Who Rescind Individual Settlement Agreements Might Have to Repay Compensation Received
The Merchant of Tennis, Inc. v. Superior Court, 2026 WL 102728 (Cal. Ct. App. 2026)
Employer Waived Arbitration by Litigating in Court For More Than Four Years
Sierra Pac. Industries Wage & Hour Cases, 116 Cal. App. 5th 1038 (2025)
Motion to Compel Arbitration Was Improperly Denied
Wise v. Tesla Motors, Inc., 2025 WL 3707196 (Cal. Ct. App. 2025)
Arbitrator’s Error in Awarding Attorney’s Fees Did Not Warrant Vacatur
VIP Mortg. Inc. v. Gates, 162 F.4th 1010 (9th Cir. 2025)
Miscellaneous PAGA Developments
January 2026
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Newsletter
Employee Was Wrongfully Terminated After Failing Polygraph Test
McDoniel v. Kavry Mgmt., LLC, 114 Cal. App. 5th 949 (2025)
COVID-19 Religious Discrimination Claim Was Properly Dismissed
Detwiler v. Mid-Columbia Med. Ctr., 2025 WL 2700000 (9th Cir. 2025)
Employees Can Proceed With Age Discrimination Claims
Caldrone v. Circle K Stores, Inc., 2025 WL 2811320 (9th Cir. 2025)
Arbitration Agreement Was Unconscionable
Gurganus v. IGS Solutions LLC, 2025 WL 2944090 (Cal. Ct. App. 2025)
“Headless” PAGA Claim May Proceed
Galarsa v. Dolgen Cal., LLC, 115 Cal. App. 5th 1 (2025)
Retired Professional Football Player Is Ineligible For California Workers’ Comp Benefits
Atlanta Falcons v. WCAB, 114 Cal. App. 5th 1268 (2025)
November 2025
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Newsletter
Supreme Court Saves (But Guts) Anti-Arbitration Statute
Hohenshelt v. Golden State Foods Corp., 18 Cal. 5th 310 (2025)
Employer Not Liable For Co-Worker’s Off-Duty Conduct, But Should Have Better Protected Employee
Kruitbosch v. Bakersfield Recovery Servs., Inc., 2025 WL 2600238 (Cal. Ct. App. 2025)
Attorney Sanctioned $10,000 For Citing Nonexistent, AI-Generated Legal Authority
Noland v. Land of the Free, L.P., 2025 WL 2629868 (Cal. Ct. App. 2025)
Ministerial Exception Barred Employee’sDiscrimination Claims
McMahon v. World Vision, Inc., 147 F.4th 959 (9th Cir. 2025)
City of Las Vegas Did Not Discriminate Against Employee Based On Her Race/Gender
Lister v. City of Las Vegas, 148 F.4th 690 (9th Cir. 2025)
Prevailing Employee’s Counsel Was Entitled To Attorney’s Fees of $4.9 Million
Bronshteyn v. Department of Consumer Affairs, 2025 WL 2658416 (Cal. Ct. App. 2025)
Supreme Court Clarifies Employer’s Good Faith Defense To Liquidated Damages Claim
Iloff v. LaPaille, 18 Cal. 5th 551 (2025)
Employer Properly Calculated Sick Leave For Exempt Employee
Hirdman v. Charter Commc’ns, LLC, 113 Cal. App. 5th 376 (2025)
Union Employee’s Wage/Hour Claims Were Not Preempted By Federal Law
Renteria-Hinojosa v. Sunsweet Growers, Inc., 2025 WL 2351203 (9th Cir. 2025)
September 2025
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Newsletter
August 2025 Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split-Interest Charitable Trusts
One Big Beautiful Bill Act Signed into Law
PLR 202526004 allows a late ESBT election for a trust that failed to file one, curing an LLC's S election
Colin Markes and Sharon Hart- Corrigan v. Estate of Keith Albert Markes, et al., No. 4D2024-2101 (Fla. 4th DCA 2025)
Jacquelyn Adelson v. Jodi Kalter, etc., No. 3D24-0337 (Fla. 3d DCA 2025)
O'Connor v. Commissioner, T.C. Memo 2025-42
August 2025
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Newsletter
Supreme Court Invalidates Heightened Evidentiary Standard For Majority-Group Plaintiffs
Ames v. Ohio Dep’t of Youth Servs., 605 U.S. ___, 145 S. Ct. 1540 (2025)
Employee’s Indirect Exposure To Harassing Conduct Supported $4 Million Verdict
Carranza v. City of Los Angeles, 111 Cal. App. 5th 388 (2025)
Employee Who Refused To Return To Work After COVID Was Not Disabled
Allos v. Poway Unified Sch. Dist., 2025 WL 1864797 (Cal. Ct. App. 2025)
Unsuccessful Whistleblower Was Not Entitled To Recover Attorney’s Fees
Lampkin v. County of Los Angeles, 2025 WL 1874669 (Cal. Ct. App. 2025)
Arbitration Agreement Was Unconscionable
Velarde v. Monroe Operations, LLC, 111 Cal. App. 5th 1009 (2025)
“Headless” PAGA Action May Proceed In Court
CRST Expedited, Inc. v. Superior Court, 2025 WL 1874891 (Cal. Ct. App. 2025)
Decertification Of Class Action Upheld
Allison v. Dignity Health, 112 Cal. App. 5th 192 (2025)
Defendant Bore Risk Of Loss Due To Fraud When It Wired Settlement Proceeds To Imposter
Thomas v. Corbyn Restaurant Dev. Corp., 111 Cal. App. 5th 439 (2025)
July 2025
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Newsletter
June 2025
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Newsletter
In this issue:
Rough Terrain Ahead: New York Ski Resort Operator Appeals Ruling That It Violated Antitrust Law by Buying Out Direct Competitor
Newfound Brotherly Love Between Philadelphia Newspaper and Sports Headline Framer
Forms Over Utilitarian Function: Horse Ranch Loses Copyright Case (But Not the Farm) Over Licensed Legal Forms
May 2025
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Newsletter
Apple Studio’s Casting Decision Protected By The First Amendment
Sexton v. Apple Studios LLC, 110 Cal. App. 5th 183 (2025)
Judge’s “Extreme and Bizarre” Comments Result In Reversal Of $10 Million Verdict
Odom v. Los Angeles Cmty. Coll. Dist., 110 Cal. App. 5th 470 (2025)
Unsigned Contract Cannot Form Basis For Summary Judgment
De la Cruz v. Mission Hills Shopping Ctr. LLC, 2025 WL 1218040 (Cal. Ct. App. 2025)
Company’s President And CFO Are Liable For Filing Inaccurate Tax Forms
Nazaryan v. FemtoMetrix, Inc., 2025 WL 1177060 (Cal. Ct. App. 2025)
Plaintiffs Waived Right To Arbitrate By Litigating In Court
Hofer v. Boladian, 2025 WL 1354795 (Cal. Ct. App. 2025)
Federal Court Lacked Jurisdiction To Confirm Zero-Dollar Arbitration Award
Tesla Motors, Inc. v. Balan, 134 F.4th 558 (9th Cir. 2025)
Prospective Meal Period Waiver Is Enforceable
Bradsbery v. Vicar Operating, Inc., 110 Cal. App. 5th 899 (2025)
PAGA Plaintiff Must Have Viable Individual Claim To Represent Other Employees
Williams v. Alacrity Solutions Grp., LLC, 110 Cal. App. 5th 932 (2025)
May 2025