Civil Procedure

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

Under a manuscript endorsement, Yahoo's insurance policy provided covereage for “injury . . . arising out of . . . [o]ral or written publication, in any manner, of material that violates a person’s right of privacy.”  This decision holds that the "restrictive relative phrase" "that violates a person's right of privacy" might under standard rules of English usage and the… Read More

In this case involving a slip-and-fall on a sidewalk on defendant's property, the trial court erred in granting the defendant summary judgment under the trivial defect doctrine.  Defendant failed to meet his initial burden of showing the discontinuity of pavement was a trivial defect, providing only a declaration that stated the conclusion that the separation was less than an inch… Read More

Plaintiff raised a triable issue of fact precluding summary judgment on her disability discrimination claim.  Defendant fired her because she failed a physical exam which allowed an inference that defendant regarded plaintiff as disabled due to balance and strength deficits in her right leg as shown on the physical exam.  Plaintiff also raised a triable issue as to whether she… Read More

Under Lab. Code 925(a)(1), an employer may not require an employee to agree to adjudicate in another state a dispute arising in California.  This decision holds that the provision does not prohibit a court or arbitrator in another state from adjudicating whether section 925 applies.  Here, Zhang was a full partner of Dentons, so there was ample room for questioning… Read More

Following Light v. California Department of Parks & Recreation (2017) 14 Cal.App.5th 75 and looking holistically at the evidence, plaintiff raised a triable issue of fact precluding summary judgment on her sex discrimination and retaliation claims.  The defendant was not entitled to a presumption of nondiscrimination based on the same actor (hiring and firing) her since the hiring was tied… 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

Under Gov. Code 53069.4, a municipality may adopt an administrative hearing procedure for enforcement of its ordinances.  The administrative decision is reviewable by a mandate petition in superior court.  So long as the sum involved is $25,000 or less, the petition commences a limited jurisdiction case and any appellate review is conducted by the appellate department of the superior court,… Read More

The federal Food and Drug Act preempts plaintiffs' state law claims based on the drug manufacturers' alleged failure to assure that patients received Medication Guides (which are part of the FDA-approved drug label).  The FDA leaves enforcement of regulations dealing with drug labels in the FDA's hands, barring private suits to enforce FDA regulations.  Under California law, drug manufacturers have… Read More

An employer's arbitration clause was unconscionable and couldn't be saved by severance.  It required the employee to pay costs he would not incur in a court suit--a $250 filing fee and cost of a postponement if he requested one, neither of which could be shifted to the employer if the employee prevailed.  The clause also provided for an appeal to… Read More

An order compelling arbitration is not a final judgment entitled to res judicata or collateral estoppel effect because it cannot be appealed until after judgment is entered confirming the arbitration award. 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

A 998 offer automatically expire when a trial court orally grants the offeror’s summary judgment motion.  The offer cannot be accepted after the oral ruling. Read More

Under CCP 340.1(b), a plaintiff may obtain treble damages against a person whose cover up is found to be the cause of a sexual assault on a child through a concerted effort to hide evidence relating to childhood sexual assault.  This decision holds that the treble damage provision does not apply retroactively.  The statute espressly makes the lengthened statute of… Read More

Though not limited by US Const. Art. III case or controversy standing requirements, California court apply prudential standing requirements.  Absent a statutory grant of standing to represent the general public, a plaintiff must generally show that he has a beneficial interest in the claim he pursues.  A statute like FCRA that allows for statutory damages that are intended to compensate… Read More

Both parts of the Discovery Act's sanctions chapter, CCP 2023.010 lists the types of discovery abuses the Legislature sought to preclude, and CCP 2023.030 lists the types of sanctions that can be awarded if authorized by a later section governing a specific discovery device, but neither of these general sections, in itself or combined with each other, authorizes imposition of… Read More

Reversing summary judgment on plaintiff's whistleblower retaliation claims under Lab. Code 1102.5, this decision holds that (a) the employee's reports to his supervisor and to the federal contracting officer that he thought he was being asked to prepare reports that violated NEPA was activity protected by section 1102.5--even though plaintiff claimed that the persons he reported to were wrong-doers. Read More

Following Van Patten v. Vertical Fitness Group, LLC (9th Cir. 2017) 847 F.3d 1037, this decision holds that a person who receives a non-consented-to robocall in violation of the TCPA has Article III standing since the claim is similar to a common law claim for invasion of privacy and is statutorily protected. Read More

This decision holds that there is a constitutional limit on aggregate statutory damage awards even if the statutory damage per violation passes constitutional muster.  An aggregate damage award may exceed due process limits in extreme situations—that is, when they are “wholly disproportioned” and “obviously unreasonable” in relation to the goals of the statute and the conduct the statute prohibits.  Constitutional… Read More

In these individual lawsuits arising from VW's emission defeat devices, the district court erred in reducing the juries' punitive damage awards to 4 times actual damages.  Reprehensibility here was high--a years-long intentional deceit that defeated the fuel-economy and reduced emissions goals of car buyers.  The high reprehensibility plus relatively low actual damages warranted punitive damages of more than 4 to… Read More