California Appellate Tracker

An easement providing the grantee with access, ingress, and egress to vehicles and pedestrians over a ten-foot wide strip of property is sufficiently definite so as not to be limited to its historic limited use, but rather may be used in any reasonable manner, including for future developments that may increase use of the easement without unduly burdening it. Read More

The statute of limitations for rescission enforcement actions under the Truth in Lending Act is the state law limitations period for suit on a written contract—six years in Washington, four years in California. Read More

Plaintiff obtained a court order permitting service of process by publication and specifying that the complaint and summons be published in the Orange County Register, but instead of complying, plaintiff published them in a smaller newspaper of general circulation owned by one of the OCR’s subsidiaries, which resulted in ineffective service. Read More

Though the federal Copyright Act preempted the California Resale Royalty Act insofar as it granted artists a right to royalties on the resale of their work, it did not preempt the CRRA's attorney fee provision, which was not inconsistent with the Copyright Act.  Read More

A university owes its students a duty of care to protect them against foreseeable harm while engaged in activities related to the university’s delivery of educational services. Read More

A fireman convicted of embezzling from his employer forfeited his employer’s pension plan contributions under a law that became effective after the fireman stopped working but before the retirement board accepted his application for retirement benefits. Read More

The insurer of a corporation that has been suspended for nonpayment of taxes cannot assert a subrogation claim after paying the insured corporation's judgment since subrogation means that the insurer stands in the shoes of the insured, and the insured would not be able to sue.  Read More

Employees of a private firm who, under the firm's contract with a county sanitary district, sorted recyclables from a conveyor belt at a district-owned facility, were engaged in public work to which the prevailing wage law applied.  Read More

Putative class representatives were not entitled to intervene in a parallel class action to object to settlement as they could preserve their rights by opting out or by objecting to the settlement and moving to vacate judgment approving the settlement. Read More

A voluntary association of retirees with about 500 members was entitled to a Private Attorney General Act attorney fee award because the association vindicated important rights of a substantial group of the public and this was just the sort of suit to vindicate rights the recipients couldn't afford to pay for on their own. Read More

A judgment creditor’s discovery from a third party must be limited to documents or testimony concerning whether the third party is indebted to or holds any property of the judgment debtor. Read More

The primary assumption of the risk didn't shield a youth water polo league from liability for repeat concussions suffered by a goalie due to the league's failure to promulgate concussion management and return to play protocols, which resulted in goalie being returned to play while already concussed and suffering further injury.  Read More

A new owner that succeeds to rights under an existing lease must disclose information about itself within 15 days of succeeding to the prior owner and may not serve a three-day notice to quit based on rent that fell due during any period of noncompliance by the successor owner with that requirement, but this rule does not apply to a… Read More

Defendant’s repeated kicks and punches of the plaintiff was sufficient evidence of malice and/or intent to injure, thus providing sufficient justification for a punitive damages award. Read More

Husband's debt owed to a family partnership of which wife is a limited partner was non-dischargeable in husband's Chapter 11 bankruptcy, even though the debt was owed to the partnership, not wife directly. Read More

A plaintiff's success in fending off a demurrer, summary judgment motion, or other pretrial motions does not immunize it from a later finding that the False Claims Act cause of action was frivolous and corresponding award of attorney fees. Read More

Connecticut-resident defendant was not subject to personal jurisdiction in California in this paternity action, because although defendant knew that plaintiff resided in California and would likely have the child here, those contacts of the plaintiff cannot be attributed to the defendant. Read More

Motions to quash a subpoena on an internet service provider may be pursued even after the subpoena has been withdrawn, since there is no assurance in a voluntary withdrawal that the subpoena will not be reissued later, further harassing the same party for his exercise of free speech rights. Read More

Because the notice of abatement of nuisance was properly served by city and because plaintiff did not timely file an administrative appeal thereafter, plaintiff did not exhaust his available administrative remedy and was barred from suing in court to challenge the abatement order. Read More

Sheriff’s office could be sued for negligence after it voluntarily assumed the duty of searching for a missing biker but negligently delayed the search effort until the following morning, by which time the biker had died. Read More