To prevail on a claim for tortiously inducing breach of an at-will contract (outside the context of employment contracts), the plaintiff must plead and prove that the defendant engaged in independently wrongful conduct to induce breach of the contract. An at-will contract is similar to a prospective economic advantage. The plaintiff has no right to compel performance in the future. … Read More
In evaluating the sufficiency of the evidence in support of a finding, an appellate court must make an appropriate adjustment to its analysis when the clear and convincing standard of proof applied before the trial court. In general, the court must determine whether the record, viewed as a whole, contains substantial evidence from which a reasonable trier of fact could… Read More
Class Actions, CAFA, Relationship to Magnuson-Moss Warranty Act Jurisdictional Requirements, 2, 7 CAFA does not impliedly repeal the Magnuson-Moss Warranty Act's limitations on federal court jurisdiction. For a federal court to have jurisdiction of a class action claim under the MMWA, there must be at least 100 named plaintiffs. 15 USC 2310(d)(3). An MMWA class action claim brought by fewer… Read More
Plaintiffs pled a viable claim for false advertising under the UCL by the defendant manufacturers of pet food labeled "prescription" pet food. Under the reasonable consumer test, use of the word "prescription" was misleading in suggesting that the pet food contrained medicine or drugs. The fact that defendants sold their products, at least initially, only through vets did not make… Read More
When Judd, an actress, refused Harvey Weinstein's sexual advances, he bad-mouthed her to the producers of Lord of the Rings, and as a result, she was not hired for that blockbuster film. Judd stated a viable claim against Weinstein for sexual harassment in violation of Civ. Code 51.9. The section applies when the parties have one of several relationships specified… Read More
In some respects, the trial court's specification of reasons for granting a new trial, subject to a remittitur, for excessive damages was adequate. For example, the trial court found that the jury had awarded duplicative damages for two different causes of action. However, the appellate court held the reason was not supported by the record which showed there was substantial… Read More
In another wrongful termination and defamation case, this decision follows Roby v. McKesson Corp. (2009) 47 Cal.4th 686, in holding that a one-to-one ratio of punitive damages to compensatory damages is the constitutional limit. Though emotional distress counts as physical injury for purposes of weighing reprehensibility, still plaintiff's emotional distress was not as severe as Roby's. Also, as in Roby,… Read More
Disagreeing with JSJ Limited Partnership v. Mehrban (2012) 205 Cal.App.4th 1512, this decision holds that a dismissal of the underlying lawsuit on res judicata grounds may constitute a favorable termination of that lawsuit permitting a follow-on malicious prosecution action if the judgment in the yet earlier case which was given res judicata effect was resolved on the merits. I.e., if… Read More
Plaintiff alleged that before he entered into a HELOC in 2005, the lender orally promised him that its maturity in ten years, the lender would refinance the loan or extend its term. The lender didn't and foreclosed instead when the plaintiff didn't repay all amounts due at maturity of the loan. Held: (1) The statute of frauds barred plaintiff's breach… Read More
In computing the three-year time within which summons and complaint must be served, CCP 583.240(b) excludes any time in which the prosecution of the action or proceedings in the action was stayed and the stay affected service. This case holds that if litigation between plaintiff and defendant 1 is stayed (as it was here while those parties engaged in a… Read More
When a manufacturer cannot repair a new car to cure a defect after a reasonable number of attempts to do so, it must either give the buyer a replacement car or pay the buyer restitution of the full purchase price plus collateral charges and incidental damages. Civ. Code 1793.2(d). Initial registration fees payable on purchase or lease of a new… Read More
Following the en banc decision in In re Hyundai & Kia Fuel Econ. Litig. (Espinoza v. Ahearn) (9th Cir. 2019) 926 F.3d 539, this decision holds that the district court did not abuse its discretion in avoiding a detailed analysis of varying applicable state laws in certifying a setlttement-only class in this case. That was particularly true as one of… Read More
Santa Clara University is not a state actor and so cannot be sued for violation of 42 USC 1983 in firing one of its professors. It did not become a state actor merely because it isrequired by generally applicable civil rights laws to ameliorate sex or other forms of discrimination. Nor does its receipt of federal and state funds conditioned… Read More
An employee cannot be compelled to arbitrate a PAGA claim even though he signed an arbitration agreement with his employer. The PAGA claim is a suit by the state which did not agree to arbitrate its claim. Epic Systems Corp. v. Lewis (2018) 138 S.Ct. 1612 does not call this rule into question. Read More
California does not allow recovery of damages for the shortened life expectancy caused by plaintiff's contracting a disease from the defendant's product. And, in awarding damages for pain and suffering, the jury may only award such damages during the period the plaintiff is actually expected to live due the contracted disease. Read More
This decision affirms a jury verdict against Monsanto for products liability for failure to warn of the risk that Roundup's genotoxicity may cause non-Hodgkins lymphoma. A manufacturer must warn of risks that are merely possible, not probable. Here, even if the studies linking Roundup to lymphoma represented the minority view on the subject, Monsanto had a duty to warn of… Read More
This decision affirms a jury verdict against Monsanto for design defect liability due to Roundup's genotoxicity which can cause non-Hodgkins lymphoma. The trial court properly submitted the case to the jury under the consumer expectations test of design defect. Much expert testimony was needed to prove that Roundup caused lymphoma. But no expert testimony was admitted on what a consumer… Read More
As part of a settlement of a prior wage and hour lawsuit, employee signed an arbitration agreement with employer. Four years later, plaintiff brought this PAGA claim against employer. This decision affirms an order denying the employer's motion to compel arbitration. The State of California is the real party in interest in a PAGA action. It did not sign the… Read More
Under Ins. Code, § 11580.2(f), disputes between insureds and insurers over the amount due under the uninsured or underinsured motorist coverage in an auto policy must be submitted to arbitration, which, however, is limited to the questions of whether the insured is entitled to recover damages from the uninsured or underinsured motorist and the amount of the insured's damages. CCP… Read More
Travelers insured several subcontractors who worked on two subdivisions developed by Pulte. As required by their subcontracts, Pulte was made an additional insured under their Travelers policy. When Pulte was sued for construction defects in the two subdivisions, Travelers provided a defense. Later, it intervened to sue other subcontractors to recover its defense costs on an equitable subordination theory. This… Read More
