Plaintiffs pled a viable 10b-5 claim against defendant pharmaceutical company for representing that its cancer test was FDA-cleared when, in fact, the FDA had not yet approved the test. Read More
Bankruptcy debtors’ real estate commissions for property deals they had negotiated pre-petition, but which closed post-petition, should be considered part of the bankruptcy estate. Read More
The gravamen or principal thrust analysis still governs whether a cause of action is subject to an Anti-SLAPP motion to strike; so if the gist or gravamen of plaintiff’s complaint was protected conduct, the Anti-SLAPP motion should be granted even if the complaint also alleged some non-protected conduct. Read More
Plaintiff performed repair work on a collapse of soil under an street intersection allegedly caused by some fault of the county, but he could not recover the value of the work performed because he could not fit his case within the narrow limits governing estoppel against a government entity. Read More
Under Colorado River, district court should have abstained from ruling in a suit to condemn easements and other rights as against the defendants' mining claims, since a state court had already declined to enter a decree that the mining claims were invalid. Read More
A district court order vacating a bankruptcy court order confirming a bankruptcy plan and remanding for further proceedings is not a final order from which an appeal as of right may be taken to the Court of Appeals. Read More
Plaintiff who sued under the Fair Credit Reporting Act alleged a sufficiently concrete injury to ensure his Article III standing in case against information aggregation service who posted incorrect information about his age, marital status, wealth, education level, and profession. Read More
A debtor’s bankruptcy estate is entitled to the full amount of debtor’s spendthrift trust distributions due to be paid as of the petition date, except for the portion the beneficiary needs for his support or education if the trust instrument specifies the funds are to be used for that purpose. Read More
A plaintiff in a Public Records Act case may be the prevailing party and thus entitled to an award of attorney fees, even if a final judgment eventually dismisses the action—so long as the action was the catalyst for the defendant's provision of the requested records. Read More
Arbitration agreement that provided for full judicial review of the arbitration award—the same as if it had been a decision by a court—sufficiently specified that parties wanted enhanced judicial review, so they were entitled to receive review by normal appellate standards, not the restricted review normally given arbitration awards. Read More
Plaintiff could not save his complaint from summary judgment by raising a new theory of liability for the first time in his summary judgment opposition. Read More
If a defendant in a Fair Employment and Housing Act lawsuit makes a section 998 offer that the plaintiff rejects and does not improve upon at trial, the defendant may recover its costs under section 998 notwithstanding the normal rule that a defendant cannot recover costs against the plaintiff in a FEHA action unless the action was objectively without foundation.… Read More
Coverage under a standard California lender’s policy of title insurance terminates once the property is sold, without warranty, at a foreclosure sale. Read More
A suit to cancel a deed of trust defendant gave his wholly-owned corporation to avoid paying his debts was barred by the California Uniform Fraudulent Transfer Act’s a 7-year statute of repose on fraudulent transfer claims. Read More
An advertiser bears vicarious liability for a telemarketer’s Telephone Consumer Protection Act violations, if the telemarketer was an agent rather than an independent contractor Read More
A city’s promise not to impose taxes other than real property taxes on plaintiff if it built a clean energy plant in the city was unenforceable as contrary to the state constitution, but plaintiff might be able to state a restitution claim to recoup sums it paid for that promise. Read More
The trial court improperly granted summary judgment to employer defendant on employee plaintiff's claim of FEHA-prohibited retaliation for supporting a co-worker's complaint of sex discrimination, after she provided sufficient evidence of (1) adverse employment actions and (2) retaliatory motive. Read More
Facebook was entitled to an Anti-SLAPP dismissal of claim based on third-party postings on a Facebook page about plaintiff’s sleep-deprived drivers causing serious traffic accidents, a matter of public concern. Read More
Disabled plaintiff has Article III standing for his lawsuit under the Americans with Disabilities Act so long as he alleges he was deterred from using defendant’s facilities because of its failure to make suitable accommodations for disabled persons; he need not have actually visited the facility and been turned away. Read More
Suits under the Private Attorney Act are unlike class actions in that plaintiffs cannot belatedly add new plaintiffs to carry on the suit in place of the original named plaintiffs, if it turns out the original plaintiffs’ claims fail. Read More
