California Appellate Tracker

The trial court properly exercised its discretion to decree an easement by necessity benefitting a landlocked parcel over a route that caused the least disruption to the adjoining owners' use of their properties.  Read More

Governmental immunity from liability for injuries on recreational trails does not shield a city from liability for injury from errant golf balls hit from an adjoining commercial golf course on city property. Read More

Plaintiff’s state-law-based breach of contract claim for delayed delivery of checked luggage was not preempted by the federal Airline Deregulation Act of 1978.  Read More

Plaintiff stated a viable unfair competition law claim by alleging that the insurer paid almost 5% of his Medicare gap insurance premiums to the American Association of Retired People as a disguised commission even though it was not a licensed California insurance agent.  Read More

Plaintiff’s lawsuit against San Diego State University was properly dismissed since, despite being couched as a contract-related claim, the suit actually sought to challenge protected news-gathering and reporting for KPBS, a station owned by the university.  Read More

Plaintiff, who was held involuntarily for 72 hours for a mental health evaluation, could not sue hospital and officers who had probable cause to detain her, due to their qualified immunity. Read More

Plaintiff city sufficiently alleged standing to sue by averring that defendant banks' lending to African-Americans and Latinos on less favorable terms than white Anglos led to a tide of foreclosures in minority neighborhoods, lowering property values and thus the city's tax revenues while also requiring greater expenditures by the city to police and maintain the gutted neighborhoods; but further consideration… Read More

A court must determine at the outset of a suit against a foreign sovereign whether the expropriation of property in violation of international law exception to the Foreign Sovereign Immunities Act applies; it is not sufficient to decide that the plaintiff makes a non-frivolous argument for its application. Read More

The psychotherapist-patient privilege may not be raised in opposition to producing patient records in a Medical Board investigation, but to protect the patient’s privacy rights the subpoena must be carefully tailored to request only records that are relevant and material to a compelling state interest, such as avoiding over-prescription of controlled substances. Read More

Defendant city was not barred from imposing a lien on plaintiff’s property to pay for the cost of abating nuisance caused by absentee landowner plaintiff’s failure to maintain the yard. Read More

In analyzing a defendant's forum non conveniens motion in a suit brought in California by a plaintiff who is not a California resident, the plaintiff's choice of forum is entitled to little deference. Read More

Resolution of the underlying lawsuit (here by a settlement) does not automatically moot an appeal by a person who unsuccessfully sought to intervene in the action, so long as effective relief may still potentially be awarded the would-be intervenor. Read More

To reduce a damage award in a medical malpractice case, the defendant may introduce evidence of collateral source payments to plaintiff for medical care including Obamacare and private medical insurance benefits that has already received or likely will receive in the future. Read More

Project proponent cannot recover private attorney general fees under Code of Civil Procedure section 1021.5 because plaintiff did not act contrary to the public interest in bringing the unsuccessful suit alleging violation of various environmental protection laws. Read More

In defending a claim that employees’ pay disparity violates the Equal Pay Act, an employer may justify the disparities by showing that it results from differences between the pay the compared employees earned in prior jobs, so long as the reliance on prior wages effectuates some business policy of the employer and the employer uses evidence of prior wages reasonably. Read More

Nothing in the Americans with Disabilities Act or the Rehabilitation Act preempts a city's express indemnity claim against its architect and building contractor; although the city cannot escape its responsibilities under those acts, it may recoup from those whose errors caused the violations. Read More

A creditor seeking to void a transfer under the Uniform Fraudulent Transfer Act loses if the transferee proves that it gave reasonably equivalent value for the transfer and lacked fraudulent intent and actual, not constructive, knowledge of the transferor’s fraudulent intent.  Read More

If a junior lien securing a non-recourse debt is wiped out by a senior creditor’s foreclosure sale before the debtor files a Chapter 11 bankruptcy petition, the sold-out junior lienholder is not entitled to a recourse claim against the Chapter 11 bankruptcy estate.  Read More

Private citizen claims brought under the Private Attorney General Act are not exempt from the automatic stay in bankruptcy.  Read More

Plaintiff-employee who quit her job during a psychotic episode induced by prescription drugs could not state a claim for disability discrimination when her former employer denied her later request for reinstatement; the former employer owed no duty to rehire her once the former employment relationship ceased.  Read More