The trial court erred in excluding plaintiff's expert witness from testifying about the causal connection between the mold in her apartment and her physical ailments. The trial court exercises an important gatekeeping role in ensuring that an expert's opinion is based on reliable evidence and sound reasoning. However, the factual basis of an expert opinion goes to the credibility of… Read More
Seyfarth was hired to investigate a professor's claim that she was discriminated against by Cal. State University Fullerton. It performed the investigation and submitted a report to the university administration concluding there was no merit to the professor's claims. After unsuccessfully suing a host of other defendants, the professor sued Seyfarth, claiming the report and investigation were biased, etc. Seyfarth… Read More
Sticking with this court's prior decision in Marina Pacific Hotel & Suites, LLC v. Fireman's Fund Ins. Co. (2022) 81 Cal.App.5th 96, this decision holds (in an unpublished portion) that the presence of COVID-19 particles on surfaces of an insured's building is sufficient physical loss or damage to real property to allow coverage for business interruption. In the published portion… Read More
In a nice mirror image of Chelios v. Kaye (1990) 219 Cal.App.3d 75, 80, this decision holds that since a contract is merged into the judgment on a breach of contract claim, a provision of the contract limiting attorney fee awards to $1,000 does not limit the fees that may be awarded to the prevailing plaintiff under CCP 685.040 as… Read More
This decision holds that Prob. Code 448 and 1043 apply to trust proceedings, allowing interested parties that are not the trustee or the beneficiary to appear and object to a petition in a trust proceeding if it has a property right in or claim against a trust estate which might be affected by the proceeding. Read More
Plaintiff recovered less than defendant's 998 offer. The trial court did not abuse its discretion in awarding defendant (a) $12,000 for an expert witness' two days of trial testimony, and (b) $6,000 in court reporter fees for real-time transcription of the trial proceedings. Read More
Defendant denied requests for admission that certain hospital records were authentic and business records. This decision holds that the trial court erred in failing to award plaintiff the cost of proving the records were business records under CCP 2033.420. The trial court erred in denying those costs on the ground that plaintiff did not prove the records were business records… Read More
Three parcels of real property were owned 50-50 by two trusts established by different trustors and both were administered by the same trustee. Charitable organizations were the sole beneficiaries of both trusts. The museum that was the sole beneficiary of one of the trusts wanted the properties distributed in kind to avoid adverse tax consequences. The beneficiaries of the other… Read More
This decision affirms a prejudgment attachment order. The trial court did not abuse its discretion in finding that the parties had not amended a fully integrated written contract which provided that all amendments had to be signed and in writing. Under the Uniform Electronic Transactions Act (CC 1633.1 et seq.), it is not enough to show that a document was… Read More
After Habelt filed a class action for securities fraud against iRhythm, Miss. Public Retirement System was appointed the class representative pursuant to the PSLRA. The Retirement System's amended complaint was dismissed without leave to amend. The Retirement System did not appeal from the dismissal. The mere fact that Habelt remained a name in the case caption didn't confer standing on… Read More
The Court of Appeal sua sponte deems plaintiff and appellant, a disbarred attorney, to be a vexatious litigant based on 9 unsuccessful pro per appeals, and enters a prefiling order. Read More
Under Family Code 6320(c), a domestic violence restraining order may issue against a defendant who "disturbs the peace of the other party by conduct that, based on the totality of the circumstances, destroys the mental or emotional calm of the other party. This decision holds that unlike other portions of the DVRO statute that expressly refer to "reasonable" fear of… Read More
A civil harassment injunction entered in favor of an attorney for one of a divorcing couple against the attorney for the other spouse was reversed. Insofar as the injunction was based on emails that defendant sent plaintiff about the divorce, the emails didn't threaten violence and so were protected First Amendment speech which could not be considered in support of… Read More
Following Delgado v. Trax Bar & Grill (2005) 36 Cal.4th 224, this case holds that bar owners owe their patrons a special duty of care to assist their customers who become ill or need medical attention, to warn of known dangers and, in circumstances in which a warning alone is insufficient, . . . to take other reasonable and appropriate… Read More
Following Department of Fair Employment & Housing v. Cisco Systems, Inc. (2022) 82 Cal.App.5th 93 and EEOC v. Waffle House Inc. (2002) 122 S.Ct. 754, this decision holds that the People of the State of California (as represented by the Attorney General and two District Attorneys) and the Division of Labor Standards Enforcement cannot be required to arbitrate claims that… Read More
A limited liability partnership is an entity separate from its partners. Corp. Code 16201. An LLP and one of its partners hired a lawyer to represent the LLP in a lawsuit. Later, the partner sued the lawyer for malpractice in that representation. The partner filed suit within the statute of limitations but didn't amend to add the LLP as a… Read More
COVID-19 closure orders did not excuse Fitness' nonperformance of its lease obligations. The closure orders allowed commercial construction and so did not justify its stopping renovation of the leased premises as required by the lease. The force majeure clause of the lease didn't excuse either stopping construction or failing to pay rent as neither of those "acts" were prevented by… Read More
This en banc opinion reverses a summary judgment the district court had granted the University of Arizona in a Title IX sex harassment claim based on a sexual assault by a male student on a football scholarship against a woman student in off-campus housing. To obtain damages under Title IX for student-on-student harassment, a plaintiff must show (1) that the… Read More
Under Fed. R. Evid. 803(8), a public agency's investigatory report, such as a police department's accident report, is admissible despite the Hearsay Rule to the extent that it sets forth the investigating officer's observations and knowledge, but insofar as it records statements by accident witnesses, there is an additional hearsay layer requiring an additional exception to be admissible. Rule 803(8)… Read More
When COVID shutdown its hotels, Hyatt temporarily furloughed many of its employees. This decision holds that Hyatt violated Lab. Code 201 and 227.3 by failing to pay the furloughed workers their accrued but unpaid vacation pay at the time they were furloughed. Under California law, a temporary layoff, with no specified return date within the normal pay period, is treated… Read More
