Civil Procedure

An award of punitive damages was excessive where it equaled the full value of the only asset that the defendant was shown to own.  It is plaintiff's burden to produce evidence demonstrating the defendant's financial condition--including both assets and liabilities.  Here, plaintiff failed to present evidence of liabilities or show that defendant had more than a minimal annual income.  Proof… Read More

Florida does not violate the Medicare Act by asserting a lien for 37.5% of a Medicare recipient's settlement of his claim against a third party tortfeasor for injuries treated with Medicare benefits.  Under Florida law, there is a presumption that 37.5% of any personal injury settlement is paid for past and future medical expenses unless rebutted by clear and convincing… Read More

Arizona had personal jurisdiction over Pennsylvania Byzantime Catholic church officials whom plaintiff claimed had defamed it and interfered with plaintiff's contract with an Arizona Byzantine Catholic church.  Under Calder v. Jones, 465 U.S. 783, 788-89 (1984), a defendant is subject to specific personal jurisdiction if he (1) commits an intentional act, (2) expressly aimed at the forum state, that (3)… Read More

Defendant was not judicially estopped from contending that a later "forbearance agreement" fully released him from obligations under an earlier "settlement agreement." In other litigation, defendant had referred to the the "forbearance agreement" as being "brief"--which could have meant short in words, not time, but in any event there was no evidence that the court in the other case had… Read More

Following Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703, this decision pays close attention to the text of Lab. Code 1102.5, but nevertheless affirms a summary judgment for the employer.  First, the decision casts doubt on whether the employee who invokes section 1102.5 must actually believe what she reported was a violation of law so long as there… Read More

The FRCivP govern procedure in federal court even in diversity cases in which state law governs on substantive issues.  This decision holds that Washington law requiring the filing of an affidavit with a medical malpractice complaint if the plaintiff elects not to engage in mediation before filing suit does not apply to a suit filed in federal court since FRCivP… Read More

California may impose a lien on a MediCal recipient's suit against a third party for injuries that were treated with services paid for by MediCal.  The federal Medicare Act and implementing regulations do not preempt state law in this respect.  However, if the recipient settles his claim with the third party defendant, the MediCal lien reaches only the amounts paid… Read More

Despite CCP 1710.40'sopen-ended list of potential defenses to a sister state judgment, under the Full Faith and Credit Clause, the statute does not and cannot create an opportunity to raise defenses to the merits of the underlying claims resolved in the sister state judgment. Thus, defenses based on a contract's arbitration, forum selection and choice of law clause could not… Read More

The trial court erred in vacating entry of judgment in California on a sister state judgment rendered in Missouri where plaintiffs lived.  Missouri had personal jurisdiction over the California defendants since they had sent allegedly fraudulent communications to plaintiffs in Missouri, inducing the Missouri plaintiffs to enter into a contract for defendants' adoption services and pay defendants from Missouri.  An… Read More

Under the FCRA, a furnisher of credit information must make a reasonable investigation if the consumer about whom it furnishes information to a credit reporting bureau properly protests the inaccuracy of the furnisher's information.  Furnishers, unlike credit reporting agencies, may be required to investigate the legal as well as factual bases of the information it furnishes.  Here, CitiMortgage continued to… Read More

CCP 340.3(a) lengthens the statute of limitations for suing a defendant convicted of a felony for the wrongful act on which the plaintiff sues.  This decision holds that section 340.3(a) does not lengthen the statute of limitations for suits against those vicariously liable for the felon's wrongful act, such as his employer in this case.  The decision also holds that… Read More

This decision reverses a summary judgment for defendant, finding a triable issue of fact as to whether defendant willfully violated the FCRA's requirement that an employer provide a job applicant a stand alone disclosure of its potential use of credit reports for employment screening.  (15 USC 1681b(b)(2)(A).)  Wilful for this purpose includes reckless conduct that increases the risk of violation… Read More

Though recognizing a conflict between Court of Appeal decisions on the subject, this opinion sticks with Housing Group v. Superior Court (1994) 24 Cal.App.4th 549 in holding that a good faith settlement determination under CCP 877.6 may only be attacked by petition for extraordinary writ, not by appeal from the final judgment in the case. Read More

Under the out-of-pocket loss rule for fraud damages, a purchaser cannot recover the purchase price as consequential damages.  However, in applying the out-of-pocket loss rule, the trier of fact is not limited to considering the market value of the product or service on the date it was purchased, but may also consider post-sale evidence that bears on its market value… Read More

Assuming that it is unconstitutional to award statutory penalties for the same wrongful conduct that is also a basis for a punitive damage award, this decision holds that the jury's award of punitive damages for fraud and statutory double damages under the Song-Beverly Act did not offend that rule.  The punitive damages were for misrepresentations that induced purchase of the… Read More

Following Berroteran v. Superior Court (2022) 2021 Cal. LEXIS 8418, this decision holds that the trial court did not abuse its discretion in admitting testimony by Ford witnesses given in depositions in a class action involving defects in the same model truck as plaintiff sued on.  Plaintiffs were not parties to the class action since the class was not certified… Read More

Under 46 U.S.C. 30511(c), a shipowner may sue to limit its liability for claims to the value of the vessel and any pending freight so long as the shipowner sues for that relief within 6 months after a claimant gives the shipowner written notice of a claim.  To trigger that six-month limitations period, the claimant's "written notice of a claim”… Read More

California Health & Safety Code 25982 bans the sale in California of foie gras produced by force feeding geese.  The law is not preempted by the federal Poultry Products Inspection Act.  Even assuming that the USDA has exercised its authority under PPIA to require that foie gras be produced by fore feeding geese, California's statute does not conflict with federal… Read More

Amato violated Riverside County's local rule about filing jointly prepared pretrial statement  witness and exhibit lists, and jury instructions the first day of a jury trial or before.  As a result, the trial court held that Amato had waived his right to a jury trial, and after hearing his evidence, granted a motion for judgment under CCP 631.8.  This decision… Read More

One union representing some of Antioch's employees brought an administrative grievance making the same claim as the retired employee plaintiff brought in this later suit--that the City was stinting them on contributions for their benefit to CalPers,  This decision holds that the due process limits on collateral estoppel keep it from operating to bar the current suit based on the… Read More