California Appellate Tracker

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

Though had an economic interest in plaintiff’s contract of employment with its supplier, Apple is not immune from the plaintiff’s complaint that Apple intentionally interfered with that contract by inducing the supplier to terminate plaintiff for resisting Apple’s allegedly wrongful efforts to steal the supplier’s technology.  Read More

The attorney-client privilege and work product doctrine bar discovery of an investigation of plaintiff’s harassment and discrimination complaints conducted, at the employer’s request, by an outside attorney even if the attorney gave the employer no legal advice regarding the matter. Read More

A prisoner serving a life sentence with possibility of parole is entitled to a two-year tolling of the statute of limitations on his medical malpractice claims arising out of treatment in a prison hospital.  Read More

The exclusionary rule, which keeps evidence seized in violation of the Fourth Amendment out of criminal trials, does not operate to bar admission of illegally seized evidence to support a policeman's defense to a Section 1983 civil suit for false, warrantless arrest.  Read More

Plaintiffs’ defamation action based on a scene in American Hustle should have been stricken under the Anti-SLAPP statute as the movie was protected activity, being about subjects of public interest—the Read More

Triable issue of fact precluded summary judgment on insurance coverage for cost of restoring insured’s master bathroom after extensive water damage, but summary judgment was properly entered on the insured’s bad faith claim under the genuine dispute doctrine and on the insured’s elder abuse claim.  Read More

Plaintiff’s defamation action was properly stricken under the Anti-SLAPP statute as defendant’s political campaign ads calling plaintiff “unscrupulous” and a “crook” were non-actionable opinion and hyperbole and plaintiff had no proof of actual malice.  Read More