Abuse of Discretion

Although recognizing that a minority of decisions apply a substantial evidence standard of review on appeal from an order granting or enforcement to a forum selection clause, this decision adopts what it says is the majority rule applying, instead, an abuse of discretion standard of review.  In this case, the contract included not only a clause selecting Illinois as the… Read More

The district court abused its discretion in approving a $1.7 million fee award in a class action copyright infringement case in which class members received only $50,000 in a claims made settlement and no injunctive or other non-monetary relief.  While $1.7 million might be an actual assessment of fees by the hours times rate lodestar method, the resulting amount must… Read More

The trial court did not abuse its discretion in excluding plaintiff's expert witness' opinion regarding the accused diabetes drug's causing an increased risk of heart failure in diabetics.  The expert relied on only one test, the authors of which noted that its results as to heart failure were anomalous and required comparison with other tests.  The expert also did not… Read More

Under CCP 36(a), a person who is over 70 and who proves that he or she has a substantial interest in the case, and that his or her health is such that preference is needed to avoid prejudicing his or her interest in the litigation, is entitled to have trial of the case set within 120 days after the motion… Read More

The trial court abused its discretion in denying plaintiff's motion to amend the judgment (which confirmed an arbitration award in plaintiff's favor against two LLCs) to add two individual defendants as the LLCs' alter egos.  Two elements are needed to prove alter ego statues:  unity of interest and ownership and inequity resulting from treating the acts of the corporate entities… Read More

The trial court did not abuse its discretion in awarding plaintiff its attorney fees in opposing defendant's Anti-SLAPP motion to strike.  Plaintiff's claim arose from false representations the defendant developer made to the Rocklin City Council about his ability to develop a financially viable family theme park in the Rocklin Quarry.  Though the representations were made in an official proceeding,… Read More

Corp. Code 1604 provides for an award of reasonable attorney fees to a shareholder if the corporation refuses "without justification" his demand to inspect corporate records.as required under Corp. Code 1601.  This decision holds that "without justification" means at least not well grounded in fact and law.  Here, the trial court did not abuse its discretion in denying the shareholder… Read More

The trial court did not abuse its discretion in entering a preliminary injunction under the CLRA against defendants continuing to sell puppies which they falsely claimed were healthy but in fact were not and died in many cases within days after sale.  Defendants' main argument on appeal was that the evidence didn't show that they sold the puppies that plaintiffs'… Read More

Recognizing there is a split of authority on the question, this decision holds that rulings on evidentiary issues in connection with a summary judgment motion should be reviewed for abuse of discretion, not de novo.  However, on the merits, an order granting a new trial (after te grant of a summary judgment motion) is reviewed de novo. Read More

If a respondent fails to file a notice of defense to an accusation by the ABC Bd., it may act based on its own evidence.  However, the ALJ has discretion to hold an evidentiary hearing even if no notice of defense is filed, and the board may vacate a decision if a motion requesting relief for inadvertence, surprise or excusable… Read More

Doubling down on LaSalle v. Vogel (2019) 36 Cal.App.5th 127, this decision holds that plaintiff's counsel owes an ethical and legal obligation to notify the defendant's counsel (if known) of the defendant's failure to timely respond to the complaint and plaintiff's intention to seek a default.  Here, plaintiff not only didn't notify defendant's counsel, but also arranged to serve the… Read More

Though it did most other things right, the district court erred in expressly employing the wrong standard to decide whether the class action settlement in this case was fair, just, and equitable.  In a pre-certification settlement, like this one, the district court may not presume the settlement is reasonable but must instead exercise heightened scrutiny.  Application of the wrong standard… Read More

The trial court did not abuse its discretion in denying private attorney general fees to Malibu homeowners who successfully challenged a proposed special assessment to protect a beach and nearby homes from erosion.  The trial court correctly estimated the homeowners' potential benefit from the suit as the amount of assessments they sought to avoid over the 20-year period of the… Read More

The trial court in San Francisco abused its discretion in denying defendant's motion to transfer this wrongful death case to San Diego where the accident occurred and most witnesses reside.  The fact that the Legislature authorized remote trial testimony through July 2023 is not a favor that the trial court could properly invoke to ignore the fact that most witnesses… Read More

Plaintiff leased a commercial property from defendant.  The lease gave plaintiff an option to buy the property at its fair market value.  Plaintiff exercised the option but the parties disagreed about the fair market value.  After much litigation, the trial court set the price and ordered the parties to perform, but before they could  do so, the Department of Transportation… Read More

The trial court did not abuse its discretion in denying defendants' motion to disqualify plaintiff's outside counsel firm, Pillsbury, on the ground that Pillsbury had hired two attorneys who eight years before had been associates at Sedgwick and while there had represented some of the defendant insurers in other coverage disputes involving different insureds.  Defendants' evidence failed to show that… Read More

The female complainant in a university's disciplinary proceeding against a male student for alleged sexual assault on the complainant was not an indispensable party to the male student's mandate proceeding against the university for violating his due process rights in its proceedings which resulted in disciplining him.  While the complainant had an interest in the mandate proceeding, complete relief could… Read More

The trial court did not abuse its discretion in staying this case under CCP 410.30 on the ground of forum non conveniens.  The complaint sought a declaration regarding the plaintiffs' duty to defend and indemnify defendants under various insurance policies for opioid litigation brought against defendants throughout the country.  There was already an on-going coverage action involving plaintiff and defendant… Read More

Despite the fact that CCP 222.5(a) was amended in 2018 to provide that a trial court "shall" allow a party to make a brief statement of the case before commencement of voir dire, this decision holds that the trial judge may exercise discretion to control the content of the pre-voir dire statement, and that this judge acted within the bounds… Read More

The trial court did not abuse its discretion in determining that neither party prevailed in this action against a subcontractor and its bonding company.  The plaintiff city won on liability but was awarded only nominal damages though it had sought $3.4 million.  The trial court could properly conclude that the win on damages was not a total victory for the… Read More