Civil Procedure

The federal Children's Online Privacy Protection Act (COPRA; 15 USC 6501-6506) and the FTC's implementing regulations (16 CFR 312.2) forbid collection of children's "persistent identifiers" without parental permission.  Here, plaintiffs alleged solely state law claims against Google for tracking their children's internet usage of YouTube using persistent identifiers without their parents' permission.  COPRA's express preemption provision (15 USC 6502(d)) preempts… Read More

This decision holds that the trial court erred in granting one defendant summary judgment based on a statute of limitations defense.  The argument and evidence on summary judgment addressed when plaintiff discovered the contracts signed by an independent contractor were void under This decision holds that the trial court erred in granting one defendant summary judgment based on a statute… Read More

This decision holds that the trial court erred in granting one defendants summary judgment based on plaintiff's failure to timely file a government claim.  Plaintiff alleged facts giving supporting its arguments that the defendant had expressly and impliedly waived the government claims defense.  The fact that plaintiff filed a late government claim did not defeat the implied waiver argument since… Read More

CCP 203(a)(5) used to provide that any person convicted of a felony could not serve as a juror.  Now it provides that persons convicted of a felony cannot serve as a juror while in prison or on parole or while required to register as a sex offender.  This decision holds that the sex offender exclusion satisfies the rational basis test… 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

Normally, private suits under the Political Reform Act (Gov. Code 81000 et seq.) are governed by a four year limitations period.  However, this case holds that when the Reform Act is used to challenge land use decisions, the more specific 90-day limitations provision of Gov. Code 65009 and 66499.37 apply instead. Read More

Under CCP 583.340, the five year period to bring an action to trial is stayed during periods when it is impossible, impracticable or futile to bring the action to trial--even if those periods occur early in the 5-year period and the plaintiff is not thereafter diligent in seeking a trial date less than 5 years from the filing of the… Read More

This case discusses the  disputes are "capable of repetition, yet evading review" exception to the rule normally requiring dismissal of moot cases.  To fall within the exception, the action or appeal must be of inherently limited duration and there is a reasonable expectation that the appellant will be subjected to the same type of order in the future.  This case… Read More

Section 230 of the Communications Decency Act (47 USC 230) immunized YouTube from liability for exercising editorial functions in restricting the availability of or advertising in connection with videos posted to its website.  Therefore, the trial court correctly sustained YouTube's demurrer to tort claims by a poster of videos that YouTube had restricted access to or barred from bearing ads… Read More

Under FRCivP 24(a), a would-be intervenor must show that it has a significant protectable interest as to the property or transaction involved in the dispute which may be impaired by resolution of the case as well as that the motion to intervene was timely and the existing parties don't or can't protect the intervenor's interest.  Here, the plaintiff sought a… Read More

This decision affirms a judgment on demurrer in a UCL suit by a consumer contending that Tootsie Roll committed unlawful and unfair business practices in the period between 2010 and 2016 by including partially hydrogenated oils in its candy bars.  The FDA considered the issue eventually deciding to ban PHOs, but only from 2018 onward in order to give food… Read More

Under In re On-Line DVD Rental Antitrust Litig. (Frank v. Netflix, Inc.) (9th Cir. 2015) 779 F.3d 934), a court considers three factors to decide if a class settlement is a "coupon settlement subject to CAFA's (28 USC 1712's) restriction on attorney fee awards. First, do class members receive only a discount on services and must pay more out of… Read More

The Federal Motor Carrier Safety Administration's regulation interpreting 49 U.S.C. § 31141(c) is given retroactive effect so that federal law preempts even meal and rest break claims that the trucker plaintiffs filed before the regulation was adopted.  The preemption regulation was intended to and does apply regardless of when the alleged meal and rest break violation occurred. Read More

Defendant employer failed to pay the arbitrator's fees within 30 days.  Accordingly, the trial court correctly granted plaintiff's motion for reconsideration of the order compelling arbitration.  CCP 1287.98 allows a party to avoid arbitration under an employment or consumer contract if the party that drafted the arbitration agreement and moved to compel arbitration does not pay arbitration fees within 30… Read More

The trial court is not required to consider grounds for summary judgment that the movant's papers do not identify, but the court may, in its discretion, consider an additional ground if an evidentiary basis for the additional ground appears in the summary judgment record, and (2) the opponent has notice of and an opportunity to respond to the additional ground. … Read More

In a county that no longer uses a judgment book, judgment is "entered" for purposes of post-trial motions and appeal time when a copy of the judgment in filed by the clerk.  The clerk's entry in the register of actions that judgment has been entered is neither required nor sufficient.  Instead, it is the filing of the judgment document that… Read More

Employer filed an untimely appeal from a Labor Commissioner ruling ordering the employer to pay a substantial sum to the plaintiff employee.  After the untimely appeal was dismissed, the trial court properly ordered the bond forfeited to the employee and entered judgment in the bond amount against the employer.  Though filing a bond is a prerequisite to the trial court's… Read More

To register a sister-state judgment in California under CCP 1710.010 et seq., the judgment creditor need not show that the defendant is subject to personal jurisdiction in California.  If the sister-state judgment is otherwise enforceable, the defendant received due process in the original forum state and need not be afforded all due process rights in the states in which the… Read More

The Legislature amended H&S Code 1799.102 after Van Horn v. Watson (2008) 45 Cal.4th 322 to extend the statutory immunity for Good Samaritans who render emergency medical or nonmedical care or assistance at the scene of an emergency.  For these purposes, H&S Code 1797.70 defines "emergency" to mean "a condition or situation in which an individual has a need for… Read More