California Appellate Tracker

A court may order the trustee of a trust to satisfy the beneficiary’s child support obligations from trust funds despite any trust provisions to the contrary.  Read More

When a suit raises both state and federal law claims, federal law governs all questions of evidentiary privilege—even if the federal law claims are later dismissed before entry of judgment.  Read More

The SEC may sue for violation of its Rule 13a14, which requires CEOs and CFOs to personally verify the accuracy of financial reports, if the verification is false, as well as if no verification is provided.  Read More

A superior court lacks jurisdiction to hear a suit challenging the Public Utilities Commission’s response to a public records request.  Read More

The limitations period for a doctor’s claim for payment of services rendered insured patients is not tolled while the doctor invokes the insurer’s internal process for appealing claim denials.  Read More

In cases involving the Freedom of Information Act, summary judgment decisions are reviewed de novo.  Read More

Trial court did not abuse its discretion in granting plaintiff’s motion for discretionary relief from summary judgment after plaintiff’s attorney declared that he made fatal mistakes in opposition to summary judgment motion because of illness and side effects from medication.  Read More

For the first time, this decision holds that the rule barring attorneys from vouching for a witness’ credibility in closing argument applies to civil as well as criminal cases, but because the rule’s application to civil cases was not clear before, the district court did not commit plain error in failing to strike the forbidden argument sua sponte.  Read More

The district court had subject matter jurisdiction if complete diversity actually existed when the complaint was filed, even if the complaint failed to allege it properly, so the district court properly denied defendant’s motion to vacate a summary judgment for lack of subject matter jurisdiction after the plaintiff submitted evidence of complete diversity in opposition.  Read More

Summary judgment is affirmed in favor of defendant in antitrust suit by competitor who claimed without sufficient supporting evidence that defendant had illegal exclusive dealing contracts and that its contracts were of such long duration as to unduly restrict the market.  Read More

Trial court erred in denying summary judgment to defendant in misappropriation case, since defendant showed uncontradicted evidence that plaintiff had signed a contract consenting to the challenged use of his name and likeness.  Read More

Defendant corporation was subject to specific (though not general) personal jurisdiction in California, since it was not necessary for the plaintiffs to be California residents or to have claims that arise directly out of defendants' California-related activities in order for their claims to “arise out of or be related to” the defendant’s forum-directed activities.  Read More

Failure to recite all the evidence on an issue waives a substantial evidence attack on appeal.  Read More

An arbitration clause calling for the losing party to pay arbitration costs and attorney fees of the prevailing party was not substantively unconscionable, nor was the forum selection clause.  Read More

An arbitration clause in an employee handbook given new employees was unenforceable because the employee was not required to (and didn’t) agree to its terms, but only acknowledged that she had received the handbook.  Read More

An arbitration clause in an employment contract which requires individual arbitration of the plaintiff's claims violates sections 7 and 8 of the National Labor Relations Act, which guarantee a worker's right to engage in concerted activities with respect to working conditions, including administrative or judicial proceedings.  Read More

Los Angeles ordinance setting $15.75 minimum hourly wage is not pre-empted by the National Labor Relations Act.  Read More

The 2008 repeal of Probate Code section 21230 bars later-filed suits for a declaration that a proposed suit would not be a "contest" within a no-contest clause's scope, even if the underlying will or trust was executed before 2008.  Read More

A complaint charging brother/trustee with wrongfully taking money from elderly mother and from family trust to fund litigation against plaintiff sister was not a SLAPP suit subject to an Anti-SLAPP motion to strike, except for the cause of action alleging wrongful conduct in filing and prosecuting the earlier suits.  Read More

A bankruptcy’s order approving the trustee’s settlement of the estate’s claims against a defendant is a sale under 11 USC 363(m) and is unreviewable on appeal unless the bankruptcy court grants a stay pending appeal.  Read More