What do bloggers do when they don't have time for real posts? Stitch together some little pieces of stuff. So here are CBL's pieces for February:
The California Courts of Appeal keep banging their heads against the wall when it comes to arbitration, finding arbitration agreements unconscionable and refusing to enforce them no matter what the US Supreme Court said in AT & T Mobility v. Concepcion (2011) ___ U.S. ___. You can see lots of examples in previous posts here, here and here.
And this month, we've got two more cases: Ajamian v. Cantorcoe2E (Feb 16, 2012) ___Cal.App.4th___ and Mayers v. Volt Management Corp. (February 27, 2012) ___Cal.App.4th___. Be curious to see how many times Calfornia courts have to get slapped down by SCOTUS on this issue.
An in the "Crystal Ball Actually Worked" department, we bring you Gonzales v. Southern California Gas S188956, where a Court of Appeal ruled that a gas company owed no duty in connection with its placement of a gas meter more than 11 feet from the curb in a 25 mph residential zone; the teenage driver decedent in the case took evasive action to avoid another car, jumped the 8 foot curb, smashed into the gas meter, caused a fire and died from her burns. In December of last year, CBL predicted the Cal Supremes would depublish the decision, meaning it would have no stare decisis effect. Sure enough, on February 22, the Supreme Court denied a hearing, and ordered that the decision not be published in official reports.