Pamela Fasick is a legal professional who publishes detailed analyses and explanations of various aspects of California law. The content primarily focuses on civil procedure, contract law, insurance law, and employment law, including topics such as the parol evidence rule, judgments without prior notice, ERISA preemption, consumer legal remedies, and sexual harassment law. The publications aim to clarify complex legal principles and recent court decisions, often referencing California Supreme Court and Court of Appeal rulings. The material is intended to inform readers about procedural rules, statutory interpretations, and significant case law developments relevant to California legal practice.
The California Supreme Court Discards the State’s Idiosyncratic Interpretation of the Fraud Exception
Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Association (No. S190581, January 14, 2013)
The California Supreme Court has unanimously overruled the often-criticized decision that for decades…
I Was Informed There’s a Judgment Against Me But I Never Heard of Any LawsuitIt’s relatively unusual for a person who had no notice that they had been named as a defendant in a civil action to be informed that…
Court of Appeal Reverses a Judgment Sustaining a Demurrer by Blue Cross
Coast Plaza Doctors Hospital v. Blue Cross of California (2009) 173 Cal.App.4th 1179
11 p.
According to the allegations in the complaint, a patient checked into an out-of-network…
Supreme Court Affirms Decision But Narrows the Holding From All Insurance to Just Life Insurance
Fairbanks v. Superior Court (2009) 46 Cal.4th 56
10 p.
At the time that the Court of Appeal decision in Fairbanks came out I praised…
Oral Argument in Sexual Harassment Case Was Heard on April 7During its April 7th Oral Argument session the California Supreme Court heard arguments in the sexual harassment action Hughes v. Pair. In that action Suzan Hughes, the mother of a…
Contract Was Enforceable Because Settled Law Provided a Time for PaymentPatel v. Liebermensch (December 22, 2008, S156797)9 p. decisionThe California Supreme Court unanimously reversed the Court of Appeal decision in Patel v. Liebermensch, agreeing with the trial court…
Dismissal of Misdemeanors Because No Courtroom Was Available is UpheldPeople v. Cole, Appellate Division, Riverside County (July 25, 2008, APP-004096)Civil procedure, in the form of civil trials, has been the intermittent collateral damage in the court congestion crisis…
As Soon As You Realize What It Is – Stop Reading. Then Give It Back. Right Away.
Rico v. Mitsubishi Motors Corporation (Dec. 13, 2007, S123808)
16 p. opinion
The rule that the Supreme Court sets forth…
Patel v. Liebermensch (S156797)I did not go out on any limbs when writing about this decision so you will have to take my word for it that I thought it was a close call. The Supreme Court will be addressing…
Fairbanks v. Superior Court (S157001)When I wrote about this decision I praised it for its thoroughness. It was an issue of first impression but I found the Court of Appeal’s four-part statutory interpretation very persuasive. I predicted that the…
