A bar and dance club owed a duty of care to protect patrons against sexual assault in its bathroom areas; a unisex bathroom with ADA stalls that had floor to ceiling walls and lockable doors, together with the sexually charged atmosphere of the club and lax security guard policy, indicated there was a clearly foreseeable risk of nonconsensual sex in… Read More
Since the policy clearly allows it to do so, an insurer breaches neither its policy nor the duty of good faith in repairing rather than paying the value of a nearly new vehicle seriously damaged in an auto accident, even though the repaired vehicle’s market value is substantially lower than the vehicle’s pre-accident value. Read More
In this trademark infringement case, plaintiff raised trial issues of fact sufficient to overcome summary judgment by showing the defendant sold its competing vodka under labels that a reasonable consumer might find confusingly similar to plaintiff’s labels, both featuring puckered lips, colored to match the vodka’s flavoring. Read More
Trial court erred in dismissing beneficiary’s challenge to trust amendment, allegedly signed under undue influence, based on another beneficiary’s disclaimer which left plaintiff’s share of the trust unaffected by the challenged amendment. Read More
For purposes of the Consumer Fraud and Abuse Act, both Facebook and its individual users had to consent before defendant could have its users initiate Facebook messages inviting others to use defendant’s website; the consent of the individual users alone was insufficient. Read More
Denial of 5-year renewal of wife’s injunction against abusive ex-husband was an abuse of discretion given the ex-husband’s history of abusing the wife and children. Read More
Plaintiff’s unsuccessful federal 1983 suit against the Franchise Tax Board for publishing plaintiff’s name as one of the top 500 tax debtors barred later state law suit against the FTB for that same act. Read More
Buyer of bogus securities states a federal securities fraud claim against the promoter’s lawyer who represented that the promoter was who he purported to be and who misdirected buyer’s downpayment to promoter personally rather than seller company. Read More
Triable fact issues remain as to whether government entity running fair and exhibition grounds fits within the Fair Labor Standards Act’s amusement and recreation establishment exception to overtime pay requirements. Read More
Arbitration clause in contract for home-study course sold in California was unconscionable and unenforceable because it required arbitration of disputes in Indiana, allowed the seller to select the arbitrator, and imposed a one-year limitations period. Read More
Psychotherapist-patient privilege protected doctor from obligation to comply with subpoena from the Medical Board, which had requested records in association with patient complaint, because before the Board moved to enforce its subpoena, the patient in question revoked his waiver of the privilege. Read More
In determining whether an action or tactic is frivolous for purposes of a sanctions award under CCP 128.5, the court should apply an objective standard, judging the merits of the action or tactic from a reasonable person's perspective; and that a complaint withstood demurrer does not prove it was not frivolous, since whether a claim is meritless must be evaluated… Read More
Defendant’s concurrent filing of an Anti-SLAPP motion with his motion to quash service of summons for lack of personal jurisdiction does not constitute a general appearance waiving the jurisdictional argument. Read More
Ordinances banning mobile billboards were content-neutral and reasonably tailored to traffic needs, thus overcoming advertisers’ facial First Amendment challenge. Read More
In an antitrust suit claiming car manufacturers conspired to keep their lower priced but otherwise identical cars sold in Canada from being exported to the United States where they could be sold for less than the same models sold for the United States market, summary judgment was properly granted to Ford US because there was no evidence it had done… Read More
Though the trial court erroneously proceeded under the Enforcement of Judgments Law rather than the Probate Code in adjudicating rights under a judgment creditor’s levy after the judgment debtor’s death, the ensuing judgment could not be collaterally attacked based on that legal error since the trial court had fundamental jurisdiction to enter the judgment. Read More
Plaintiff’s prima facie claim for disability discrimination against her labor union does not necessarily require a showing that the union breached its duty of fair representation. Read More
A federal prosecutor is not entitled to immunity for executing an affidavit supporting a subpoena of witness's medical records, which falsely represented the witness as a crime victim rather than an alibi witness. Read More
In a dispute over who has to bear the costs of complying with state environmental regulations—power company or its supplier—power company correctly invoked arbitration clause in contract governing parties’ business relationship. Read More
A governmental entity that defended its employee under a proper reservation of rights need not indemnify the employee for punitive damages awarded against him. Read More
