Class Action

Recent Court of Appeal opinions of interest

By Kimberly A. Kralowec

Several new decisions of interest were handed down during my blogging hiatus (and before Dukes v. Wal-Mart):

• Arenas v. El Torito Restaurants, Inc., ___ Cal.App.4th ___ (Mar. 15, 2010; pub. ord. Apr. 6, 2010) (Second Appellate District, Division Five) (affirming order denying class certification of certain wage and hour claims)
  
• McGuigan v. City of San Diego, ___ Cal.App.4th ___ (Apr. 6, 2010) (modified Apr. 27, 2010) (Fourth Appellate District, Division One) (construcing Code of Civil Procedure section 1021.5; denying further award of attorneys' fees incurred preserving a class action settlement against objectors' appeal because defendant was no longer an "opposing" party)
  
• Salenga v. Mitsubishi Motors Credit of America, Inc., ___ Cal.App.4th ___ (Apr. 9, 2010) (modified Apr. 26, 2010) (Fourth Appellate District, Division One) (addressing statute of limitations in UCL case)
  
• Wallace v. Geico General Ins. Co., ___ Cal.App.4th ___ (Apr. 19, 2010) (Fourth Appellate District, Division One) (holding that "pick-off" rule applies in UCL cases)
  
• Durell v. Sharp Healthcare, ___ Cal.App.4th ___ (Apr. 19, 2010) (Fourth Appellate District, Division One) (construing Tobacco II and the "unfair" prong at the pleading stage)
  
• Hale v. Sharp Healthcare, ___ Cal.App.4th ___ (Apr. 19, 2010) (Fourth Appellate District, Division One) (construing Tobacco II at the pleading stage)

Currently, I have more material to post on than days in the week, which is not a bad position for a blogger to be in.  I will try to write more on some or all of these cases in later posts. 

Full post as published by The UCL Practitioner on April 29, 2010 (boomark / email).