If a jury instruction contains “an incorrect statement of law, the party harmed by that instruction need not have objected to the instruction or proposed a correct instruction of his [or her] own in order to preserve the right to complain of the erroneous instruction on appeal." Read More
To obtain a private attorney general fee award, the applicant must show, among other things, that "the necessity and financial burden of private enforcement ... are such as to make the award appropriate." Private enforcement is a "necessity" unless a public prosecutor or other government agency stands ready to enforce the right. Here, the trial court abused its discretion in… Read More
Disagreeing with several 2d District opinions, this decision holds that the standard of review of an order granting or denying a private attorney general fee award under CCP 1021.5 is abuse of discretion even when the fee award order follows the Court of Appeal's prior opinion (published or not) in favor of the fee applicant. Though the Court of Appeal… Read More
On remand from the US Supreme Court, the Ninth Circuit applies California's governmental interest approach to conflicts of law questions. It finds a true conflict between Spanish law which allows the possessor of stolen art to acquire stronger title to the art than its predecessor in interest had by reason of the passage of the prescriptive period and California law… Read More
The Eleventh Amendment bars a federal court from exercising jurisdiction over a claim against a California superior court, which is an arm of the state government or against the judges of that court, acting in their judicial capacity. Ex parte Young, 209 U.S. 123 (1908) offers no end around the Eleventh Amendment immunity. A court cannot be sued in an… Read More
Under Gov. Code 831.8(b), the state, an irrigation district, and their employees are not liable for injuries suffered in irrigation ditches, canals, or drains used for water distribution "if at the time of the injury the person injured was using the property for any purpose other than that for which the district or state intended it to be used." This… Read More
The district court abused its discretion in denying class certification of a claim that defendant violated California labor laws by requiring employees to remain on premises during rest breaks. The evidence showed that defendant enforced that policy consistently across all its employees, making the claim suitable for class certification. However, the district court did not abuse its discretion in denying… Read More
Costs incurred in connection with setting up depositions that were eventually not taken may still be recoverable court costs under CCP 1033.5 if reasonably necessary to the prosecution or defense of the case. Here, on dismissal of the case, defendant was entitled to fees a deposition reporter charged for late cancellation of one deposition and for preparing a notice of… Read More
This decision affirms an order denying an employer's motion to compel arbitration. The arbitration provision purported to require arbitration of all disputes, but prohibit any form of representative action. Following Adolph v. Uber Technologies, Inc. (2023) 14 Cal.5th 1104, such a clause is unenforceable as to PAGA claims involving Labor Code violations not suffered by the individual plaintiff. Because the… Read More
Following Komarova v. National Credit Acceptance, Inc. (2009) 175 Cal.App.4th 324, this decision holds that the absolute litigation privilege generally does not apply to Rosenthal FDCPA claims, even to claims that the defendant debt collector manufactured false evidence to support its debt collection lawsuits. Read More
Defendant is a student loan debt collector which sued plaintiff on a student loan debt. Plaintiff filed this putative class action alleging that defendant manufactured false substitute rosters to show which entities owned the student loans it sued to collect. The complaints alleged protected activity in the course of petitioning courts. The case did not fit within the Flatley v.… Read More
While the abuse of discretion standard applies on review of most evidentiary rulings, when the ruling excludes evidence essential to a claim and thus has claim-dispositive effect, the rulling is review de novo. Read More
The trial court erred in granting defendant's in limine motions to exclude plaintiff's expert's testimony that his employment-related exposure to diesel fuel fumes and particulate matter was a substantial factor in causing his non-Hodgkins lymphoma. To testify regarding causation, the experts did not have to rely on published epidemiological studies liking diesel fuel exposure to lymphoma. There are many reasons… Read More
Under Fed. R. Civ. P. 4(k)(2), the federal courts could properly exercise personal jurisdiction over Czech companies that hosted child porn videos in violaiton of federal criminal statutes that gave the porn victims private rights of action against those profiting from the child porn. Under the Calder test, there was sufficient evidence that the companies targeted the US and profited… Read More
A staffing company is not itself a "laborer" under Civ. Code 9100 and so is not entitled to claim a mechanic's lien or payment under a payment bond on a public project. The statutory definition of those entitled to claim changed after Contractors Labor Pool, Inc. v. Westway Contractors, Inc. (1997) 53 Cal.App.4th 152 was decided and the statute no… Read More
Pep Boys extended their multiple-layer products liability insurance policies from one year to 17 months to align their insurance policies with their fiscal year. Several of the extended policies stated that the policy was subject to a limit of” $x million in the aggregate for each annual period during the policy period. This decision holds that the policy language cannot… Read More
When a trust becomes irrevocable, the trustee must send a notice to all beneficiaries warning them that they have 120 days to bring any action to contest the trust. (Prob. Code 16061.7.) The 120-day limitation period for bringing an action to contest the trust is codified in Prob. Code 16061.8, which applies to any action challenging the validity of the… Read More
The contamination exclusion in the Sharks business interruption insurance policy prevented the Sharks from showing any covered physical loss or damage to property due to COVID-19. If COVID stuck to surfaces making the premises unsafe, the alteration was an excluded contamination of the premises. Read More
In this case, independent wholesalers of 5-Hour Energy sued the caffeinated drinks manufacturer for selling the product to Costco at lower price than it charged the independents. The manufacturer also reimbursed Costco for its promoting the product every other month or so by offering it to Costco members at a reduced rate. The district court did not abuse its discretion… Read More
Under Probate Code 21380, a dependent adult's donative transfer to his or her "care custodian" is presumed to have been the product of fraud or undue influence if the transfer is made in an instrument during the period the care custodian is serving in that capacity or 90 days before or after that period. The statutory presumption of fraud or… Read More
