California Appellate Tracker

A trial court may award attorney fees to the prevailing party for a prior appeal without regard to the appellate court’s award or denial of costs on the appeal. Read More

The trial court abused its discretion in denying a prevailing plaintiff attorney fees since the defendant’s initial settlement offer (which the plaintiff rejected) did not comply with section 998. Read More

The deadline for moving to vacate an arbitration award under the FAA is the same date as the third month after the award is issued unless it is a Saturday, Sunday or holiday. Read More

To properly plead demand futility in a shareholder’s derivative suit, the complaint must allege facts specific to each director, showing that at least half of them could not have exercised disinterested business judgment in responding to a demand; alleging that corporate officers, but not directors, were engaged in an antitrust conspiracy did not suffice. Read More

Plaintiff's evidence, if believed by a fact-finder, would have supported the contention that defendant's ginkgo-infused pills had no mind-sharpening properties, contrary to defendant's advertising claims; so defendant was not entitled to summary judgment. Read More

Delaware law permitting choice-of-forum bylaws is enforceable in California even if no shareholder consent is obtained for the bylaw and even though the bylaw is adopted after the allegedly wrongful conduct has occurred. Read More

Plaintiff stated a viable 1983 claim by alleging a city and its towing company misapplied the proceeds when they seized and sold the plaintiff's car for a parking violation. Read More

A broad arbitration clause in plaintiff's employment agreement was ended by the separation agreement which plaintiff signed on leaving the company's employment, so it did not govern plaintiff’s later claims that defendants breached their fiduciary duties owed to him as a minority shareholder. Read More

A law firm hired to represent water district and later fired, need not recuse itself from representing other water districts in the same litigation, especially since the first water district did not demand the recusal until ten years after hiring the law firm and was aware of the other representations the whole time. Read More

The going-and-coming rule might not bar a claim against at-fault driver’s employer; though the driver was on a personal mission, the employer allegedly required him to drive a company truck at all times. Read More

Despite good faith efforts to comply, defendant employer’s time records and payroll records showed that 75% of the workers who worked between five and five and a quarter hours were not given meal breaks or missed meal break pay, so trial court correctly entered judgment finding employer liable for penalties. Read More

A testator’s gift of "all my estate" to two individuals made them both residuary recipients; when one predeceased the testator and was an aunt by marriage (hence not “kindred”), her share of the residue was distributed to the other residuary beneficiary, not the predeceased aunt's heirs. Read More

A trial court did not abuse its discretion in awarding statutory attorney fees to plaintiff after she prevailed in a trespass action; despite a small damage award, the plaintiff won important equitable relief enforcing her property rights against a defendant. Read More

A university does not owe a non-student a duty of care with respect to physical safety at unsponsored, unauthorized third party activities off-campus such as a fraternity party, even if the university exercises some minimal control through university policies and police patrols. Read More

A debtor is entitled to attorney fees on appeal under 11 USC 362(k) when the debtor appeals and obtains reversal of a fee award under that section. Read More

Because the transcript showed the City learned nothing significant or prejudicial during a coerced interview by the police and City Attorney, the City Attorney should not have been disqualified. Read More

If injured on the job, a borrowed employee’s sole recourse is to claim benefits under the Longshore & Harbor Workers Compensation Act, he or she cannot sue the borrowing employer in tort. Read More

An insurer did not act in bad faith by denying an uninsured motorist claim because the insured had not pursued her worker’s compensation claim, based on the same accident, to completion. Read More

Although she taught a standard half-hour religion course each day, a fifth-grade teacher at a Catholic school was not a “minister” and so could sue the school for violating the Americans with Disabilities Act by firing her after it learned she was diagnosed with cancer. Read More

A cost award entered after entry of voluntary dismissal without prejudice is appealable as a final judgment in its own right. Read More