The California Court of Appeal, Fourth District, recently held that an elder, who is both beneficiary and personal representative of a probate estate, has standing to bring a claim of financial elder abuse in her individual capacity based on allegations that her son...
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California Invasion of Privacy Act Prohibits Recording Cellphone Communications Without Consent
The California Supreme Court recently held that Section 637.2 of the California Invasion of Privacy Act, Pen. Code, § 630, et seq. (“CIPA”) prohibits parties as well as nonparties from intentionally recording a communication transmitted between a cellular or cordless...
Calif. App. Court: Holder Rule Limits Attorney’s Fees to Amount Paid; Preempts Civil Code § 1459.5
The California Court of Appeal, First District, recently affirmed a trial court’s denial of a request for attorneys’ fees, after a consumer prevailed under the Consumers Legal Remedies Act against an assignee of his consumer credit contract. The Court of Appeal...
Calif. App. Court Holds Arbitrator Cannot Determine Whether to Compel Nonsignatory to Arbitrate
The California Court of Appeal, Second District, recently reversed a trial court’s confirmation of an arbitration award against a nonsignatory to an arbitration agreement where the arbitrator found the nonsignatory was the alter ego of a signatory. The Court of Appeal...
Calif. App. Court Applies Delaware Law to Debt Collector’s Common Counts, Holds Claim Time-Barred
The California Court of Appeal, First District, recently affirmed a trial court’s order granting summary judgment against a debt collector for violating the FDCPA and the RFDPCA. In so ruling, the Court of Appeal applied a credit card agreement’s Delaware...
Calif. App. Court Holds Only Eavesdroppers Violate the California Invasion of Privacy Act, § 632.7
The California Court of Appeal, Fourth District, recently affirmed a trial court’s judgment against a class action plaintiff who alleged that a lender violated Penal Code § 632.7 of the California Invasion of Privacy Act, by recording him without prior notice. The...