Second District affirms summary judgment for freight broker XPO Logistics in a personal-injury suit by an injured trucker employed by the carrier XPO had hired, holding the broker did not actually exercise control over the transportation and thus owed no duty of care to the carrier’s employee.
Second District affirms denial of a section 1172.6 murder-resentencing petition based in part on preliminary-hearing hearsay, but remands to give the petitioner 30 days to file an amended petition.
Second District holds an order denying a Penal Code section 1172.1 recall-and-resentencing petition is appealable, and reverses where the superior court applied an incorrect legal standard in deciding whether to resentence the petitioner.
Second District denies Microsoft’s writ petition challenging a court-issued nondisclosure order that barred Microsoft from notifying its enterprise customer, USC, that the LAPD had served a search warrant on a USC graduate student’s email account.
Second District holds an inmate identified by CDCR as eligible for resentencing under Penal Code section 1172.75 does not lose that eligibility by being released on parole before the resentencing hearing occurs.
Second District affirms an order compelling arbitration of an employee’s individual wage claims and dismissing her class claims, holding the parties’ arbitration agreement is governed by the Federal Arbitration Act because they expressly said so.
Second District holds that a personal-injury client who ratifies an unauthorized settlement after firing his lawyer must pay the agreed contingency fee, not just quantum meruit, because his ratification was truly voluntary.