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New Cases of Interest - April 14, 2015
York v. Strong (2015) 234 Cal.App.4th 1471. This is a case in which the Court of Appeal reversed a trial court determination and held that attorney's fees incurred in the enforcement of a SLAPP matter attorney fee award are recoverable costs. Attorney's fees incurred in enforcing a SLAPP judgment are recoverable in addition to fees awarded as costs as part of the judgment.
DeCambre v. Rady Children's Hospital-San Diego (2015) 235 Cal.App.4th 1. This was a physician complaint that her employers had engaged in improper discrimination against her. The Court of Appeal upheld a demurrer as to certain causes of action, but reversed as to a claim of harassment made pursuant to Gov. Code § 1294(j), an intentional infliction of emotional distress claim and a defamation claim. The court in doing so noted that the claims for harassment, intentional infliction of emotional distress and defamation did not arise from a protected peer review process even though they sought damages for nonrenewal of the physician's contract which had occurred after peer review, reasoning that the claims alleged that the reasons for nonrenewal resulted from incidents of disparate treatment throughout the doctor's employment and hence not simply within the context of peer review.
Alborzian v. JPMorgan Chase Bank, M.P. (2015) 235 Cal.App.4th 29. In this case a borrower sued a junior lien holder contending that the junior lien holder's right to enforce its lien had been extinguished under the provisions of CCP Section 580b. The court held that the borrowers could state a claim with respect to the Fair Debt Collection Practices Act, the Rosenthal Act and Unfair Competition law claims when the junior lien holder had engaged in sending letters and making phone calls to the borrowers implying that the debt was still owed.