Monty A. McIntyre, Esq.

California Case Summaries Monthly: I've just published the new monthly issue, with my short summaries (one paragraph), organized by legal topic, of the 50 new civil and family law case published in March 2021. It costs $50 per attorney per month. Multi-user issues are available for law firms. To buy: https://californiacasesummaries.mykajabi.com/store/GhFpuZKX See a free sample case summary below.... California Case Summaries Annual 2020 - Practice Area Issues I offer four publications with our 2020 case summaries relevant to four practice areas. Here they are: California Case Summaries Annual - Employment 2020. Summaries of Every Case Published in 2020 in the Areas of Arbitration, Attorney Fees, Civil Code, Civil Procedure, Evidence, Employment, Punitive Damages, and Settlement. $350 per attorney. To buy: https://californiacasesummaries.mykajabi.com/store/kQc3DQtD California Case Summaries Annual - Family Law 2020. Every Case Published in 2020 in the Areas of Attorney Fees, Civil Code, Civil Procedure, Evidence, Family Law, Punitive Damages and Settlement. $350 per attorney. To buy: https://californiacasesummaries.mykajabi.com/store/EEm6KoKZ California Case Summaries Annual - Real Property 2020. Every Case Published in 2020 in the Areas of Arbitration, Attorney Fees, Civil Code, Civil Procedure, Environment, Evidence, Government, Landlord - Tenant, Real Property and Settlement. $350 per attorney. To purchase: https://californiacasesummaries.mykajabi.com/store/LGzz77HL California Case Summaries Annual - Torts 2020. Every Case Published in 2020 in the Areas of Civil Code, Civil Procedure, Elder Abuse, Evidence, Legal Malpractice, Medical Malpractice, Punitive Damages, Settlement and Torts. $350 per attorney. To buy, https://californiacasesummaries.mykajabi.com/store/4sMUfVPH Sample case summary: CALIFORNIA SUPREME COURT Employment Kaanaana v. Barrett Business Services, Inc. (2021) _ Cal.5th _ , 2021 WL 1166963: The California Supreme Court affirmed the Court of Appeal's decision, in a wage and hour class action, that the work performed by plaintiff contract workers working as belt sorters for a county sanitation district falls within the definition of public works in the Labor Code and they are entitled to prevailing wages. The issue was whether the belt sorter work qualified as public works as defined in Labor Code section 1720(a)(2). The California Supreme Court ruled that the most reasonable interpretation of "public works" in Labor Code section 1720(a)(2) was that it was not limited by the definition of "public works" related to construction work set out in section 1720(a)(1). The belt sorters' labor qualified as "public works" under section 1720(a)(2). (March 29, 2021.) Copyright 2021 Monty A. McIntyre, Esq. All Rights Reserved

California Case Summaries Monthly: We've just published the new monthly issue, with our short summaries (one paragraph), organized by legal topic, of every new civil and family law case published in February 2021. It costs $50 per attorney per month. Multi-user issues are available for law firms. To buy: https://californiacasesummaries.mykajabi.com/store/GhFpuZKX See a free sample case summary below.... California Case Summaries Annual 2020 - Practice Area Issues We've just published four new publications providing our 2020 case summaries in four civil practice areas. Here they are: California Case Summaries Annual - Employment 2020. Summaries of Every Case Published in 2020 in the Areas of Arbitration, Attorney Fees, Civil Code, Civil Procedure, Evidence, Employment, Punitive Damages, and Settlement. $350 per attorney. To buy: https://californiacasesummaries.mykajabi.com/store/kQc3DQtD California Case Summaries Annual - Family Law 2020. Every Case Published in 2020 in the Areas of Attorney Fees, Civil Code, Civil Procedure, Evidence, Family Law, Punitive Damages and Settlement. $350 per attorney. To buy: https://californiacasesummaries.mykajabi.com/store/EEm6KoKZ California Case Summaries Annual - Real Property 2020. Every Case Published in 2020 in the Areas of Arbitration, Attorney Fees, Civil Code, Civil Procedure, Environment, Evidence, Government, Landlord - Tenant, Real Property and Settlement. $350 per attorney. To purchase: https://californiacasesummaries.mykajabi.com/store/LGzz77HL California Case Summaries Annual - Torts 2020. Every Case Published in 2020 in the Areas of Civil Code, Civil Procedure, Elder Abuse, Evidence, Legal Malpractice, Medical Malpractice, Punitive Damages, Settlement and Torts. $350 per attorney. To buy, https://californiacasesummaries.mykajabi.com/store/4sMUfVPH Sample case summary: CALIFORNIA SUPREME COURT Employment Donohue v. AMN Services, LLC (2021) _ Cal.5th _ , 2021 WL 728871: The California Supreme Court reversed the Court of Appeal's decision that had affirmed the trial court's order granting summary judgment for defendant in a wage and hour class action. The California Supreme Court ruled that employers cannot engage in the practice of rounding time punches (adjusting the hours that an employee has actually worked to the nearest preset time increment) in the meal period context because meal period provisions are designed to prevent even minor infringements on meal period requirements, and rounding is incompatible with that objective. It also held that time records showing noncompliant meal periods raise a rebuttable presumption of meal period violations, including at the summary judgment stage. (February 25, 2021.) Copyright 2021 Monty A. McIntyre, Esq. All Rights Reserved

I've just published the new issue of California Case Summaries Monthly with short summaries (one paragraph), organized by legal topic, of the 38 new civil and family law decision published in January 2021. Subscribers get great ideas for working up their cases, great arguments for their motions and trials, and this helps them get better results and better referrals to grow their law practices. To subscribe, go to https://californiacasesummaries.mykajabi.com/store/GhFpuZKX or https://cacasesummaries.com.

California lawyers: easily master the important new cases from 2020 in your practice areas with California Case Summaries Annual 2020. There is nothing else like it! Short summaries (one paragraph), organized by legal topic, of the 540 new civil and family law decision published in California in 2020. Subscribers get great ideas for working up their cases, great arguments for their motions and trials, and this helps them get better results and better referrals to grow their law practices. To subscribe, go to https://californiacasesummaries.mykajabi.com/store/voWVT4Sv or https://cacasesummaries.com.

California lawyers can easily master the important new cases from 2020 in their practice areas using my publication California Case Summaries Annual 2020. There is nothing else like it! It has short summaries (one paragraph), organized by legal topic, of the 540 new civil and family law decision published in California in 2020. My subscribers get great ideas for working up their cases, great arguments for their motions and trials, and this helps them get better results and better referrals to grow their law practices. To subscribe, go to https://californiacasesummaries.mykajabi.com/store/voWVT4Sv or https://cacasesummaries.com.

I've just published the newest issue of California Case Summaries Monthly with summaries of every new civil and family law case published in California in November 2020. To look smart while saving time and money, subscribe at https://cacasesummaries.com.

Here is a free summary of a new published California civil case. It is in the new issue, published today, of my online publication California Case Summaries Monthly (https://cacasesummaries.com) with summaries of the 47 new civil and family law cases published in October. California Courts of Appeal Torts... Hoffman v. Young (2020) _ Cal.App.5th _ , 2020 WL 6375391: The Court of Appeal reversed the judgment for defendants, following a jury trial, on plaintiff's causes of action for general negligence and premises liability. The jury had found defendants were immune from liability for the collision under the recreational use immunity in Civil Code section 846 (section 846). Plaintiff was seriously injured when her motorcycle collided with another motorcycle ridden by defendant Gunner Young (Gunner) on a motocross track located on real property owned by Gunner's parents who were also named defendants. Both Gunner and his parents lived on the property. Gunner (a minor at the time of the accident) invited plaintiff to come onto the property, drove his truck to her house, loaded her motorcycle into the bed of the truck, and drove her to the property. There was no evidence that Gunner’s parents prohibited him from inviting guests onto the property. The Court of Appeal concluded that the exception to the recreational use immunity, when the injured person is expressly invited onto the property by the landowner (section 846(d)(3)), applied to this case. The Court of Appeal held that, where a child of a landowner is living with the landowner on the landowner's property and the landowner has consented to this living arrangement, the child's express invitation of a person to come onto the property operates as an express invitation by the landowner within the meaning of section 846(d)(3), unless the landowner had prohibited the child from extending the invitation. In this case Gunner's express invitation of plaintiff stripped his parents of the immunity that would otherwise have been provided to them by section 846. (C.A. 2nd, October 30, 2020.) When you need a mediator, arbitrator or referee who knows CA law and effectively uses Zoom to help you settle a case or resolve issues in your case, to schedule your matter please contact me (619) 990-4312, [email protected], or contact my case manager at ADR Services, Inc., Haward Cho, (619) 233-1323, [email protected]

Today, I published the new issue of California Case Summaries: Monthly, with my succinct summaries of the 35 new civil and family law cases published in September 2020. My subscribers easily keep up with the new case law in their practice areas while saving time and money. To subscribe today, click here: https://is.gd/M0v51P. To try out my case summaries for free, sign up today for California Case Summaries: Free where I will send you five free new civil case summaries ea...ch month. To sign up, click here: https://is.gd/es9YuU. Stay safe and healthy. Best regards, Monty A. McIntyre

Below is a free summary of a new recently published California civil case that will be in next month’s issue of my online publication California Case Summaries: Monthly (https://cacasesummaries.com) with summaries of every new California civil case published in September 2020. Each issue has the 40-60 new civil cases published in California every month. California Courts of Appeal Torts... Koussaya v. City of Stockton (2020) _ Cal.App. 5th _ , 2020 WL 5626796: The Court of Appeal affirmed the trial court's order granting defendants' motions for summary judgment in a case alleging assault and battery, negligence and intentional infliction of emotional distress arising from plaintiff's serious injuries suffered after she jumped from a moving Ford Explorer driven by bank robbers being chased and shot at by police officers. The Court of Appeal ruled that the trial court had abused its discretion in excluding evidence contained a report by the Police Foundation regarding the incident, and also misapplied the Government Claims Act (Gov. Code, 810 et seq.) to improperly limit the scope of plaintiff's allowable claims based upon the tort claim filed by plaintiff. However, even taking into account the improperly excluded evidence and properly viewing the factual basis of plaintiff's claims against the officer defendants and the City, the Court of Appeal concluded that based on the totality of circumstances surrounding the shootings, each officer defendant was entitled to judgment as a matter of law because they reasonably used deadly force. (C.A. 3rd, September 21, 2020.) When you need a mediator, arbitrator or referee who knows CA law and effectively uses Zoom to help you settle a case or resolve issues in your case, to schedule your matter please contact me (619) 990-4312, [email protected], or contact my case manager at ADR Services, Inc., Haward Cho, (619) 233-1323, [email protected].

Click the link below to listen to my FREE Monty's Weekly Commentary, where I discuss interesting civil cases published from 8-24 to 8-31-20: https://app.box.com/s/zyjniti80ri9dilwu13kxrlg9jgqpie9 The new issue of California Case Summaries: Monthly has now been published, with summaries of the the 53 new civil and family law cases published in California in August 2020. I've added a new MP3 audio feature, called Monty's Monthly Commentary, where I discuss the important decis...ions of the month. The subscription price is $50 per month per attorney. My subscribers look smart, save time & money, and grow their practice by easily keeping up with the new case law in their practice areas. Click here to subscribe: https://californiacasesummaries.mykajabi.com/store/GhFpuZKX

The new issue of California Case Summaries: Monthly has now been published, with summaries of the the 49 new civil and family law cases published in California in July 2020. I've added a new MP3 audio feature, called Monty's Monthly Commentary where I discuss the most important decisions of the month. Subscribers can download the MP3 to listen to it whenever and whereever they want to. The subscription price is $50 per month per attorney. My subscribers look smart, save time & money, and grow their practice by easily keeping up with the new case law in their practice areas. Click here to subscribe: https://californiacasesummaries.mykajabi.com/store/GhFpuZKX

The new issue of California Case Summaries: Quarterly has now been published, with summaries of the the 161 new civil and family law cases published in California in the 2nd Quarter of 2020 (April 1 to June 30). The subscription price is $200 per quarter per attorney. Discounted multi-user prices are also available for law firms. My subscribers look smart, save time & money, and grow their law practice by easily keeping up with the new case law in their practice areas. Click... here to subscribe: https://californiacasesummaries.mykajabi.com/store/AhYYqiDX See more

I'm a mediator and a civil trial lawyer. What do I do? As a mediator - I help people settle cases. As a civil trial lawyer - I help my clients get the best result For my mediation services, contact my case manager at ADR Services, Haward Cho, phone: (619) 233-1323, email: [email protected]... For my civil trial lawyer services: text/call me at (619) 990-4312, email: [email protected] I keep up with new Callifornia civil case law to be an excellent mediator and civil trial lawyer. Here is a summary of a new Ca civil case: Californa Supreme Court Business & Professions Code Abbott Laboratories v. Super. Ct. of Orange County (2020) _ Cal.5th _ , 2020 WL 3525181: The California Supreme Court reversed the Court of Appeal's order directing the trial court to grant defendants' motion to strike the word "California" from the Orange County District Attorney's (District Attorney) complaint alleging that defendants had violated the unfair competition law (UCL; Business & Professions Code, section 17200 et seq.) by entering into agreements to delay the market debut of generic versions of Niaspan, a prescription drug used to treat high cholesterol, causing users of Niaspan, their insurers, public health care providers, and other government entities to pay substantially higher prices for Niaspan than they would have if the generic version had been available without improper delay. The Court of Appeal found the District Attorney could only bring the UCL action on behalf of residents of Orange County. The California Supreme Court disagreed, ruling that the UCL does not preclude a district attorney, in a properly pleaded case, from including allegations of violations occurring outside as well as within the borders of his or her county. (June 25, 2020.) My Experience: California Civil Trial Lawyer Since 1980 Member of American Board of Trial Advocates (ABOTA) Since 1995 Over 100 Civil Cases Tried With 32 Jury Trials Representation of Both Plaintiffs and Defendants Over $50 million recovered in settlements or verdicts for plaintiff clients Numerous defense verdicts, summary judgments or favorable settlements for defendant clients Past President: SDCBA, SD ABOTA Chapter Trained Mediator: in 1993, mediating since 2001, over 1,000 cases mediated, free follow-up on cases not yet settled by the end of the mediation session.

What I do: As a mediator - I help people settle cases using Zoom. As a civil trial lawyer - I help people in civil cases get the best possible result What to Do Next:... Mediaton: contact my case manager at ADR Services, Haward Cho, (619) 233-1323, [email protected] Civil Trial Layer: text/call me at (619) 990-4312, email: [email protected] Here is my free summary of a recently published Ca civil case: Evidence Hart v. Keenan Properties, Inc. (2020) _ Cal.5th _ , 2020 WL 2563836: The California Supreme Court reversed the decision of the Court of Appeal, which excluded as hearsay the testimony regarding defendant's invoices of witness John Glamuzina, the former supervisor of plaintiff when he worked at Christeve Corporation from September 1976 to March 1977, cutting and beveling and installing asbestos-cement pipes on a project in McKinleyville, California. Plaintiff and his wife sued defendant and other entities after he developed mesothelioma. The trial court admitted the testimony of Glamuzina, and the jury found for plaintiffs. Following apportionment of fault and settlements by other defendants, a judgment of $1,626,517.82 was entered against defendant. The California Supreme Court held that the trial court correctly concluded that Glamuzina's testimony was not hearsay because the name and logo were not offered to prove the truth of any statement contained in the invoice. Instead, Glamuzina's observations were circumstantial evidence of defendant's identity as the source of the pipes. (May 21, 2020.) My Experience: California Civil Trial Lawyer Since 1980 Member of American Board of Trial Advocates (ABOTA) Since 1995 Over 100 Civil Cases Tried With 32 Jury Trials Representation of Both Plaintiffs and Defendants Over $50 million recovered in settlements or verdicts for plaintiff clients Numerous defense verdicts, summary judgments or favorable settlements for defendant clients Past President: SDCBA, SD ABOTA Chapter Trained Mediator: in 1993, mediating since 2001, over 1,000 cases mediated, free follow-up on cases not yet settled by the end of the mediation session.

What I do: As a mediator - I hold online mediations and settle cases As a civil trial lawyer - I represent people in civil cases helping them get the best possible result How I Help You:... Mediator - I'll help you settle your case online, Civil trial lawyer - I'll represent you and either get your case settled or take it to trial. What to Do Next: Mediator: contact my case manager at ADR Services, Haward Cho, (619) 233-1323, [email protected] Civil Trial Layer: text/call me at (619) 990-4312, email: [email protected] Here is a free summary of a recently published Ca civil case: Arbitration Dougherty v. Roseville Heritage Partners (2020) _ Cal.App.5th _ , 2020 WL 1501701: The Court of Appeal affirmed the trial court's order denying defendant's motion to compel arbitration in a case alleging elder abuse and wrongful death based upon the reckless and negligent care given to plaintiffs' elderly father while residing in defendants' facility. The trial court properly found the arbitration agreement was procedurally unconscionable because it was part of a 70-page stack of documents that plaintiff Lori Dougherty lacked time to review because her father was arriving imminently in an ambulance, plaintiff was never told she could modify, negotiate, or refuse to sign any of the admission documents, and plaintiffs had established that Dougherty had no opportunity to negotiate the arbitration agreement. The trial court properly found the agreement to be substantively unconscionable because of its restrictions on discovery(1), limitations on damages(2), and advance waiver of jury trial rights for any nonarbitrable causes of action. The discovery limitations were particularly unconscionable because they limited the statutory discovery rights to vindicate an elder abuse claim. Finding the agreement was permeated with unconscionable provisions, the trial court properly declined to sever the offending provisions and declared the entire agreement void. (C.A. 3rd, March 30, 2020.) 1. Depositions could be requested but could not be taken as a matter of right. There was no provision for interrogatories or requests for admission. 2. Punitive damages could not be awarded. My Experience: California Civil Trial Lawyer Since 1980 Member of American Board of Trial Advocates (ABOTA) Since 1995 Over 100 Civil Cases Tried With 32 Jury Trials Representation of Both Plaintiffs and Defendants Over $50 million recovered in settlements or verdicts for plaintiff clients Numerous defense verdicts, summary judgments or favorable settlements for defendant clients Past President: SDCBA, SD ABOTA Chapter Trained Mediator: in 1993, full-time since 2013. Over 1,000 Cases Mediated. Free follow-up on cases not yet settled by the end of the mediation session.

What I do: As a mediator - I settle cases As a civil trial lawyer - I represent people in civil cases helping them get the best possible result How I Help You:... As a mediator - I'll help you settle your case, As a civil trial lawyer - I'll represent you and either get your case settled or take it to trial. What to Do Next: Mediator: contact my case managers at ADR Services, Christopher Schuster or Kelsey Carroll, (619) 233-1323, [email protected], kelsey@adrservices,com Civil Trial Layer: call me at (619) 990-4312 or email me at [email protected] Here is a free summary of a recently published Ca civil case: Probate: What I do: As a mediator - I settle cases As a civil trial lawyer - I represent people in civil cases helping them get the best possible result How I Help You: As a mediator - I'll help you settle your case, As a civil trial lawyer - I'll represent you and either get your case settled or take it to trial. What to Do Next: Mediator: contact my case managers at ADR Services, Christopher Schuster or Kelsey Carroll, (619) 233-1323, [email protected], kelsey@adrservices,com Civil Trial Layer: call me at (619) 990-4312 or email me at [email protected] Here is a free summary of a recently published Ca civil case: Probate Roth v. Jelley (2020) _ Cal.App.5th _ , 2020 WL 882150: The Court of Appeal reversed the trial court's order denying a petition to be recognized as a beneficiary of a trust created by petitioner's grandfather pursuant to the default distribution provision of the grandfather's will. The probate court denied the petition on the ground that an order made in the probate of the grandfather's estate, in 1991 (1991 Decree), eliminated petitioner's interest in the trust and was binding on him even though he received no notice of the court proceeding that resulted in the 1991 Decree. The Court of Appeal held that petitioner had a property interest in the trust in 1991 and the 1991 Decree adversely affected his interest. Since it was not contested that petitioner's existence and address were reasonably ascertainable at the time, due process required that petitioner be given notice of the proceeding that resulted in the 1991 Decree and an opportunity to object. Because he was not given such notice, the 1991 Decree was void. (C.A. 1st, February 24, 2020.) My Experience: California Civil Trial Lawyer Since 1980 Member of American Board of Trial Advocates (ABOTA) Since 1995 Over 100 Civil Cases Tried With 32 Jury Trials Representation of Both Plaintiffs and Defendants Over $50 million recovered in settlements or verdicts for plaintiff clients Numerous defense verdicts, summary judgments or favorable settlements for defendant clients Past President: SDCBA, SD ABOTA Chapter Trained Mediator: in 1993, full-time since 2013. Over 1,000 Cases Mediated. Free follow-up on cases not yet settled by the end of the mediation session.

Below is a free summary of a new published California civil case. Forty six new civil cases were published in California in December 2019. To get my summaries of every new case in California Case Summaries: Monthly, click here: https://is.gd/M0v51P Mediator and Aribtrator: ... When you need a mediator, arbitrator or refree who knows the law, contact my case manager at ADR Services, Inc. Chrisopher Schuster, [email protected], (619) 233-1323. Civil Trial Lawyer: When someone you know needs to be represented in a civil case, have them call me at (619) 990-4312, or email me at [email protected]. CALIFORNIA COURTS OF APPEAL Civil Procedure Rincon EV Realty LLC v. CP III Rincon Towers, Inc. (2019) _ Cal.App.5th _ , 2019 WL 7184476: The Court of Appeal affirmed the trial court's order granting summary judgment for defendants in a commercial action alleging several legal and equitable claims. In the initial trial court proceedings, the trial court found for defendants on all claims including an equitable claim under the unfair competition law (UCL, Business & Professions Code, section 17200 et seq.). Plaintiffs appealed. The Court of Appeal held plaintiffs were entitled to a jury trial on the legal issues and remanded the case back to the trial court. After remand, the trial court granted summary judgment for defendants on the basis that the original decision on the equitable UCL claim was binding on, and dispositive of, plaintiffs' remaining legal claims. The Court of Appeal affirmed. When an action involves both legal and equitable claims, findings pertaining to one set of claims are binding in the subsequent resolution of the other set of claims, and the first trial judge's findings on the equitable claim were dispositive of the legal claims. (C.A. 1st, December 26, 2019.)

See below for a free summary of a new California Court of Appeal case published recently. Forty new civil and family law cases were published in California in November 2019. To get my summaries of every new case in California Case Summaries: Monthly, click here: https://is.gd/M0v51P When you need a mediator, arbitrator or refree who knows the law, contact my case manager at ADR Services, Inc. Chrisopher Schuster, [email protected], ... (619) 233-1323. When someone you know needs to be represented in a civil case, have them call me at (619) 990-4312, or email me at [email protected]. CALIFORNIA COURTS OF APPEAL Attorney Fees O&C Creditors Group, LLC v. Stephens & Stephens XII, LLC (2019) _ Cal.App.5th _ , 2019 WL 6271553: The Court of Appeal affirmed the trial court's order granting an anti-SLAPP motion to strike (Code of Civil Procedure, section 425.16) against a cross-complaint seeking damages based upon the assignment of an attorney lien. The trial court properly ruled that the settlement of civil lawsuits is petitioning activity protected by the anti-SLAPP statute. The court also properly concluded that cross-complainant's claims lacked merit. Attorney liens arise only by contract, and a valid attorney lien can exist only if there is an enforceable contract. The attorney did not sign his engagement letter, so cross-defendants were able to and did void the contract, voiding the attorney lien. Because all of the cross-complaint claims arose from a void lien, the trial court properly granted the motion to strike. (C.A. 1st, November 25, 2019.)