The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.
A joint offer by two plaintiffs was effective to allow enhanced cost recovery under Code of Civil Procedure section 998 when one plaintiff recovered more than the joint offer, thus establishing with certainty that the recovery was more favorable than the rejected joint offer. Read More
To recover under the Anti-Terrorism Act, a plaintiff must demonstrate that the defendant’s wrongful conduct led directly to the plaintiff’s injury. Read More
A motion for sanctions filed pursuant to Code of Civil Procedure section 128.5 must comply with the 21-day safe harbor requirement. Read More
The favorable termination element of a malicious prosecution claim cannot be satisfied if the plaintiff in the underlying action prevailed on any claim. Read More
Jury question raised about extent of duty of care a hotel undertook by agreeing to check on guest who did not respond to husband telephone calls. Read More
The Consumer Legal Remedies Act forbids nondisclosure of material facts in the same four situations in which a duty to disclose arises under ordinary tort law: (1) fiduciary relationship, (2) material facts in the defendant's sole knowledge, (3) active concealment, and (4) disclosure needed to make affirmative statement not misleading. Read More
A third party’s payment to a plaintiff in the same amount of a judgment, but for something collaterally related to the judgment, does not constitute a satisfaction of the judgment. Read More
Code of Civil Procedure section 369(a)(3) permits a party to file a lawsuit without joining a party for whose benefit the suit is brought, but the party filing the suit must be acting solely for the benefit of another rather than his or her self-interest. Read More
A suit alleging that Uber misappropriated passengers and income from licensed taxicab drivers are barred under Public Util. Code section 1759 because a finding of liability against Uber would require factual findings that could hinder or interfere with the Public Utility Commission’s ongoing rulemaking pertaining to third-party carriers. Read More
Two-tier pricing based on the customer’s age violates the Unruh Civil Rights Act unless public policy embodied in statutes favors the price-advantaged age group. Read More
Homeowners associations may sue a public entity in inverse condemnation for damage caused to common areas. Read More
Before considering an expert’s opinion on a class certification motion, the court must determine whether the opinion is admissible under the Sargon test. Read More
Unnamed class members do not have standing to appeal from a class judgment or attorney fees award unless they intervene or move to vacate judgment. Read More
If the forum state's choice-of-law rules require the application of only one state's laws to the entire class, then the representation of multiple states within the class does not pose a barrier to class certification, but if class claims require adjudication under the laws of multiple states, then the court must determine whether common questions will predominate over individual issues. Read More
A premarital agreement that contains a recital that seven days time was given between the date first presented and the date signed is unenforceable under Family Code section 1615 if evidence shows that less time intervened between presentation and execution. Read More
A party that takes an assignment of a promissory note secured by a deed of trust may sue the title company under Civil Code section 2941 for wrongfully recording a release of the deed of trust even if the recordation occurred before the assignment. Read More
As a general rule in California, where an attorney is disqualified from representation, the entire law firm is vicariously disqualified as well. However, the general presumption is a rebuttable one, which can be refuted by evidence that an ethical wall or other circumstances has prevented the sharing of confidences in a particular case. Read More
When parties try to force a premature appeal by dismissing some claims without prejudice, the appellate court should dismiss the appeal and remand the case to the trial court so it can finally resolve all claims and enter a final, appealable judgment. Read More
Generally, a defendant owes no duty of care to avoid negligent conduct that results in solely economic injury; so a gas utility owed no duty of care to avoid a gas leak that caused neighborhood businesses to lose profits. Read More
