California Appellate Tracker

Following Marx v. General Revenue Corp., 458 U.S. 371 (2013), which it holds effectively overruled Brown v. Lucky Stores, Inc., 246 F.3d 1182 (9th Cir. 2001), this decision holds that the attorney fee and cost provision of the Americans with Disabilities Act does not limit a district court's normal discretion under Fed. R. Civ. P. 54(d) to award costs to… Read More

In this action, plaintiff sought a declaration that its use of the trademark "Impossible" in connection with its food products didn't infringe upon defendant's federal trademark of the same word.  By a split decision, the 9th Circuit held that California could exercise personal jurisdiction over the defendant, a one-man LLC that for two years operated primarily from San Diego before… Read More

While a trustee, executor or administrator may appear in pro per in requesting instructions from the court in fulfilling her duties, she may not, without a licensed attorney, represent the interests of the trust or estate beneficiaries in pursuing relief against third parties, whether she sues them in a separate action or in a proceeding in the probate court. Read More

As amended in 1984, the Longshoremen’s and Harbor Workers’ Compensation Act excepted from the definition of "employee" "individuals employed by a club, camp, recreational operation, restaurant, museum, or retail outlet," whether for-profit or not-for-profit, so long as the individiuals are covered by a state worker's compensation scheme.  This decision holds that general federal admiralty and maritime law follows this statutory… Read More

Short term rentals are not individually or as a group, a development of coastal property (thus requiring a coastal development permit from the Coastal Commission) merely because they increase the number of people using the coastal zone.  Increases in density or intensity of use of coastal properties qualify as developments requiring permits under Pub. Resources Code 30600(a) only when there… Read More

When a plaintiff seeks a preliminary injunction claiming a state statute infringes on plaintiff's constitutional rights, the district court must weigh the plaintiff's probability of success on the merits as well as the existence of irreparable injury and the balance of equities and public interest because the probability of success on the merits heavily influences the evaluation of the other… Read More

Chase accepted a deposit from a decedent's estate and signed an acknowledgement of the court order establishing a blocked account requiring a court order for any withdrawal from the account.  The executrix was the sole authorized signer on the account.  After the executrix presented the bank with the court order approving her final account, the executrix withdrew and absconded with… Read More

Attorneys representing themselves should not be afforded special consideration or the liberal pleading standard allowed other types of pro per litigants, and do not fall into the category of those “proceeding without assistance of counsel" under 9th Circuit rules. Read More

Following both Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 and Adolph v. Uber Technologies, Inc. (2023) 14 Cal.5th 1104, this decision holds that the plaintiff must arbitrate PAGA claims that arise from Labor Code violations that affected him, but may pursue in court PAGA claims that arise from Labor Code violations affecting only other employees, not himself. Read More

Borrowers lacked standing to challenge the assignment of their deed of trust from the prior beneficiary to La Salle Bank as Trustee for  WaMu 2006-AR19 when the correct name of the assignee was La Salle Bank as Trustee for WaMu Mortgage Pass-Through Certificates Series 2006-AR19 Trust.  Whether an abbreviation of the full name or a misnomer, the incorrect designation of… Read More

In federal court, FRCivP 41(a)(1)(B) treats the second voluntary dismissal without prejudice of the same claims as a judgment on the merits.  However, this decision holds that the federal rule does not give a second dismissal in federal court the force of a judgment on the merits for claim preclusion purposes if the plaintiff files a third suit on the… Read More

A debt falls within the scope of the Rosenthal Fair Debt Collection Practices Act even if the consumer being dunned does not actually owe the debt and did not enter into the consumer credit transaction that the debt collector is attempting to collect.  Under Civ. Code, § 1788.2(f), a consumer debt is money due or owing, or alleged to be… Read More

Labor Code section 2802 requiring employers to reimburse employees for work-related expenses does not apply to government agency employers.  The Labor Code imposed duty conflicts with the sovereign discretion that the Board of Trustees is granted under the Education Code to set its own equipment reimbursement policies. Read More

Following its prior decision in Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56 and disagreeing with Turrietta v. Lyft, Inc. (2021) 69 Cal.App.5th 955. this decision explains that a PAGA plaintiff need not show a personal pecuniary interest to have a substantial interest at stake that suffices to support a motion for leave to intervene in an overlapping PAGA… Read More

Diving into water is a hazardous recreational activity if done (a) from other than a diving board or diving platform, or (b) at any place or from any structure where diving is prohibited if warning of the prohibition is given.  Government entities are immune from liability for injury suffered from engaging in such activities under Gov. Code 831.7.  This decision… Read More

A prior PAGA suit against the same employer did not have claim preclusive effect as to all potential PAGA suits against the employer, nor could the release in the judicially approved agreement settling the prior suit enforceably release all potential PAGA claims against the employer.  Instead, the prior plaintiff's authority to represent the state in suing under PAGA was governed… Read More

The Judicial Council had constitutional authority to adopt Emergency Rule 9 extending statutes of limitation by six months due to the COVID-19 pandemic.  Governor Newson's executive order granting the Judicial Council authority to adopt that rule was itself authorized by Gov. Code 8571. Read More

(A complaint form that plaintiff's mother filed with the school district did not constitute substantial compliance with the Government Claims Act because it did not indicate that plaintiff sought damages or provide any estimate of the amount of damages sought.  The school district was not required to inform plaintiff about the ways in which the complaint failed to satisfy Claims… Read More

When the arbitration agreement clearly provides for judicial review of the merits of an arbitral award, it is the trial court which must conduct that review in the first instance, not a Court of Appeal. Read More

The Common Interest Development Open Meeting Act (Civ. Code 4900 et seq.) requires HOA boards to take action on HOA business at board meetings open to the HOA's membership.  It defines a "meeting" as a congregation of a quorum of board members.  This decision holds that an email exchange between members of the HOA board is not a "meeting" and… Read More