California Appellate Tracker

Plaintiff homeowners sued to cancel amended CC&Rs which changed their subdivision into a common interest development governed by the defendant association, a nonprofit corporation with the power to assess member-homeowners and acquire property as common areas, bringing the subdivision under the Davis-Sterling Act.  Plaintiffs claimed that the homeowner votes to approve the amendment were insufficient in number and land area… Read More

Idaho lacked personal jurisdiction over defendant, a British company.  There was no general jurisdiction.  Examining both the effects and the purpose availment tests, the court found the effects test couldn't be met because the plaintiffs, Indiana and Louisiana residents, suffered no injury in Idaho, the forum state.  Defendant's long-term contract with the defendant, which was an Idaho company, was insufficient… Read More

Resolving a split among the circuits, this decision holds (5-4) that an interlocutory appeal from an order denying a motion to compel arbitration automatically stays proceedings in the district court on the merits of the dispute until the appeal is resolved. Read More

While RICO does not apply extra-territorially, in deciding whether the complaint alleges a domestic injury sufficient to invoke RICO, the court must engage in a fact- or allegation-specific inquiry to determine whether the plaintiff's injury arose in the United States, even if the plaintiff is not a US-resident.  Here, the complaint adequately alleged injury arising fom US-based conduct in hiding… Read More

This decision holds that Gov. Code 821.6 immunizes governmental entities and employees only from tort claims that allege damage resulting from the initiation or prosecution of official judicial proceedings, not injury from preparatory work such as investigation.  Other immunity provisions may apply to immunize the investigatory work, but section 821.6 does not. Read More

Plaintiff engaged in a large development project in Oakland to rehabilitate an abandoned aggregate mine and build multi-family and single family residences on the property, along with various amenities.  Plaintiff entered into a contract with the City which specified that by paying a specified sum, plaintiff satisfied its fee payment obligations to the City.  Years later when plaintiff applied for… Read More

The Rosenthal FDCPA (Civ. Code 1788.15(a))  forbids collecting consumer debt by judicial proceedings when the collector knows that service of process, if necessary to establish personal jurisdiction, was not properly effected.  This decision holds that the absolute litigation privilege does not apply to immunize the debt collector from liability under the cited section, which is more specific that Civ. Code… Read More

Defendant disability insurer wrote plaintiff insured in 2015 that it had determined his disability arose from illness rather than accident and so would stop paying benefits in 2018 when he turned 65 as the policy allowed for illness-caused disability.  Plaintiff sued for breach of contract and breach of implied covenant in 2019, more than four years after the 2015 letter,… Read More

This decision holds that the US DOJ may move to dismiss a False Claims Act suit whenever it has intervened in the litigation, whether during the period the complaint remained sealed or thereafter.  However, the government must give the relator notice and an opportunity to be heard regarding the dismissal.  In deciding whether to approve dismissal, the court must apply… Read More

42 USC 1983 confers a right of action against a person who, under color of state law, acts to deprive the plaintiff of rights, privileges and immunites secured by the Constitution and laws.  "Laws" means federal statutes, so long as those statutes unambiguously confer federal rights on individuals and enforcement under section 1983 does not conflict with a specific enforcement… Read More

This decision holds that usury savings clauses are unenforceable as against public policy except when the loan agreement would otherwise violate usury restrictions only due to some unanticipated post-agreement event.  A usury savings clause is a provision stating that if the loan agreement would otherwise require payment of usurious interest, it is to be construed to charge only the maximum… Read More

The trial court properly granted defendant property owner summary judgment under Privette v. Superior Court (1993) 5 Cal.4th 689.  Plaintiff was injured while working as a contractor's employee, fixing the building's HVAC system.  Plaintiff failed to raise a triable issue of fact under the Kinsman v. Unocal Corp. (2005) 37 Cal.4th 659 exception to Privette.  Plaintiff fell through the ceiling… Read More

Contrary to holdings in prior cases, this decision holds that a party does not impliedly waive grounds for challenging a trial judge for cause under CCP 170.1 or 170.3 by waiting past the earliest opportunity to challenge the judge.  CCP 170.3(b)(2) provides that there cannot be a waiver of the right to disqualify a judge for personal bias or prejudice… Read More

The district court abused its discretion in approving a $1.7 million fee award in a class action copyright infringement case in which class members received only $50,000 in a claims made settlement and no injunctive or other non-monetary relief.  While $1.7 million might be an actual assessment of fees by the hours times rate lodestar method, the resulting amount must… Read More

This decision holds that sexually graphic, violently misogynistic music played constantly throughout defendant's warehouse could create a hostile working environment constituting sex discrimination in employment.  Music with sexually derogatory and violent content, played constantly and publicly throughout the workplace, can foster a hostile or abusive environment and thus constitute sex discrimination.  Harassment, whether aural or visual, need not be directly… Read More

Under the Tenant Protection Act of 2019 (Civ. Code 1946.2), a landlord cannot terminate a lawful tenancy after a year of its duration except for just cause--either a tenant default or a landlord move-in or removal of the unit from the rental market.  This decision holds that there is a triable issue of fact as to whether that section applies. … Read More

An electrician working on a lengthy project at a farm caught a disease caused by a fungus that spreads from bird feces particularly if the feces are mixed with soil over an extended period.  Following Sarti v. Salt Creek, Ltd. (2008) 167 Cal.App.4th 1187 and distinguishing Miranda v. Bomel Construction Co., Inc. (2010) 187 Cal.App.4th 1326, this decision holds that… Read More

Plaintiff was the first attorney defendant hired on a contingent fee basis in an underlying case.  Plaintiff properly acquired an attorney's lien on any recovery in the underlying case.  Defendant fired plaintiff and hired Williams in his stead.  Williams also acquired an attorney's lien.  After the underlying suit was favorably resolved, plaintiff sued to recover his fees from the recovery. … Read More

This decision holds that the trial court properly denied defendants' Anti-SLAPP motion because defendants failed to show that the suit arose from protected speech.  The suit sought declaratory and injunctive relief to invalidate AB 1936 (2021-2022 Reg. Sess.) which renamed Hastings College of Law (due to Hastings' alleged involvement in the massacre of Native Americans in Mendocino County).  The legislation… Read More

Under Lab. Code 2810.3, an outsourcing employer is liable for employees' wages for work done for another entity if the work is within the outsourcer's usual course of business.  Here, the court holds that the section did not apply to defendants which were corporations that bought produce from farming corporations for which the workers were employed.  While the defendants' produce… Read More