Court Of Appeal Defines Standard Of Review For PAGA Settlements

On November 30, 2021, the California Court of Appeal (First District) issued its decision in Moniz v. Adecco USA, Inc., Case No. A159410, 2021 WL 5578298, which defines the standard for courts to apply when reviewing settlements under the Private Attorneys General Act (PAGA). In a published decision, the Court of Appeal held that the trial court must ensure that the settlement is “fair, reasonable, and adequate in view of PAGA’s purposes to remediate present […]

By | December 9th, 2021 ||

Appeals Court Affirms FCC’s Rule Repeal In Fax Marketing Decision

While traditional fax machines are less and less common today, litigation over fax marketing remains as rampant as ever. The Telephone Consumer Protection Act (“TCPA”) governs fax marketing and tasks the Federal Communications Commission (“FCC”) with creating rules for telemarketers to follow. One such rule required telemarketers to include detailed opt-out instructions on every  fax, including solicited faxes (the “Solicited Fax Rule”). The FCC eventually repealed the Solicited Fax Rule after a federal appeals court found […]

By | December 9th, 2021 ||

CA Appellate Court ‘Sounds Off’ On Neighborly Dispute Over Noisy Property

In Chase v. Wizmann, the California Court of Appeal affirmed a preliminary injunction that ordered a neighbor to relocate his loud pool and air conditioning equipment to the other side of his house, at considerable expense, before trial. This case reminds real property owners to be neighborly to adjacent property owners.

Chase v. Wizmann involved an “acrimonious noise dispute between neighbors” in the Hollywood Hills neighborhood of Mount Olympus in Los Angeles. The plaintiff’s neighbor renovated his […]

By | December 3rd, 2021 ||