Gagen, McCoy, McMahon, Koss, Markowitz & Fanucci
  • Home
  • About
  • Attorneys
    • Sumita Bhandari
    • Stephen T. Buehl
    • Rachel Margolis Chapman
    • C. Joseph Doherty III
    • Armand M. Estrada
    • Robert M. Fanucci
    • William E. Gagen Jr.
    • Barbara Duval Jewell
    • Charles A. Koss
    • Michael J. Markowitz
    • Aileen Rodriguez Mazanetz
    • Gregory L. McCoy
    • Daniel A. Muller
    • Sarah S. Nix
    • Elizabeth R. Weiss
  • Practice Areas
    • Business And Contract Law
    • Criminal Defense
    • Education Law
    • Intellectual Property
    • Land Use And Real Estate
    • Litigation
    • Tax Law
    • Trusts And Estate Planning
    • Winery And Vineyard Law
  • Developments of Interest
  • Blog
  • Contact
Select Page
NEW CASES OF INTEREST – JANUARY 31, 2020
  1. Home
  2.  » 
  3. Developments of Interest
  4.  » NEW CASES OF INTEREST – JANUARY 31, 2020

NEW CASES OF INTEREST – JANUARY 31, 2020

Bernstein v. LaBeouf.  (2019) 43 Cal.App.5th 15.

This is a SLAPP case in which a Defendant who is an actor called Plaintiff, who was a bartender, a “racist” after Plaintiff had refused to serve Defendant and his companion alcohol. Plaintiff sued for assault, slander and intentional infliction of emotional distress, and Defendant filed a SLAPP motion.  The motion was denied with the Court finding that the conduct did not fall within the scope of the SLAPP statute in that statements were not directed at someone in the public eye, and Defendant being an actor didn’t make this a matter in the public eye.

Long Beach Unified School District v. Margaret Williams, LLC (2019) 43 Cal.App.5th 87.

A contractor sued a school district that the contractor had worked for, alleging that the District unlawfully caused arsenic poisoning and also discharged the contractor in retaliation for her efforts to prevent violations of environmental requirements.  The District cross-complained for breach of indemnity for requirements alleged to have existed in the contract.  Plaintiff sought to strike the cross-complaint under the SLAPP statute, which is what happened.  The Court noted that the indemnity provision at issue would have required the Plaintiff to fund the District’s defense against the very litigation which was being brought by the contractor against the District, and the indemnity agreement was also procedurally and substantively unconscionable.

Wong v. Wong (2019) 43 Cal.App.5th 358.

This is another action involving a SLAPP motion for claims seeking indemnity for litigation expenses.  In this case, the SLAPP motion was denied, with the Court holding that although the claims necessarily were incurred in connection with litigation, the claims did not arise from the protected activity of litigation itself, because the alleged injury-producing conduct was not the pursuit of the underlying litigation but was the breach of the obligation to indemnity for expenses incurred in the litigation.

 
Related Attorney(s):
Gregory L. McCoy

Practice Areas

  • Business And Contract Law
  • Criminal Defense
    • Drunk Driving Defense
    • Expungement
    • Juvenile Law
    • Sex Crimes
    • Violent Crimes
  • Education Law
  • Intellectual Property
  • Land Use And Real Estate
  • Litigation
  • Tax Law
  • Trusts And Estate Planning
    • Advance Health Care Directives
    • Financial Powers Of Attorney
    • Forms Of Property Ownership Between Spouses
      • Joint Tenancy Vs Community Property
      • Separate Property And Community Property
      • The Relationship Between Characterization Of Property, Marital Agreements And Estate Planning
      • Ways To Hold Title For Married Couples In California
    • Probate Procedures And Duties Of A Personal Representative
    • Revocable And Irrevocable Trusts
      • Guide For Transfer Of Assets To A Revocable Living Trust
      • Generation Skipping Transfer Tax Trusts (Dynasty Trusts)
      • Special Needs Trusts
      • The Revocable Living Trust
      • Trust Administration
    • Wills
  • Winery And Vineyard Law

Make An Appointment

To Speak With One Our Attorneys

Contact us today and find out how Gagen, McCoy, McMahon, Koss, Markowitz & Fanucci can assist you.

Call Us Now For Additional Information

To schedule an initial consultation, please call us at 925-837-0585. Our firm boasts decades of experience, and we are prepared to begin working for you.

The Law Offices Of Gagen, McCoy, McMahon, Koss, Markowitz & Fanucci 630 San Ramon Valley Blvd Suite 100 Danville, CA 94526

DANVILLE OFFICE

630 San Ramon Valley Blvd
Suite 100
Danville, CA 94526

Phone: 925-837-0585
Fax: 925-838-5985

Map & Directions
The Law Offices of Gagen, McCoy, McMahon, Koss, Markowitz & Fanucci The Offices at Stonebridge 1030 Main Street, Suite 212 St. Helena, CA 94574

ST. HELENA OFFICE

The Offices at Stonebridge
1030 Main Street, Suite 212
St. Helena, CA 94574

Phone: 707-963-0909
Fax: 707-963-5527

Map & Directions
Review Us
  • Follow
  • Follow

© 2021 Gagen, McCoy, McMahon, Koss, Markowitz & Fanucci. All Rights Reserved.

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters