California Appellate Tracker

The trial court correctly dismissed this developer's inverse condemnation claim for failure to exhaust administrative remedies.  A city employee orally modified a grading plan for plaintiff's townhouse project while the project was under construction.  Plaintiff proceeded under the modified plan and grading permit without appealing the modification to the city's permit appeals board.  The decision rejects the plaintiff's argument that… Read More

This decision affirms an order quashing service of summons on defendant FCCC for lack of personal jurisdiction.  FCCC is not subject to general jurisdiction in California as it is incorporated in Delaware and principally located in South Carolina.  It built the chassis for a bus that Champion Bus manufactured in Michigan.  The bus was involved in an accident in California. … Read More

Defendant's 998 offer was valid and shifted costs when plaintiff later settled for the same amount as the 998 offer.  The offer was to pay Chen $160,000; he would be required to return the car with clean title; and he would be allowed to seek an award of attorney fees and costs by noticed motion, the amount to be determined… Read More

The district court erred in entering judgment in favor of the defendant property owner in this ADA suit over  the parking lot's lack of a space for parking a van with an access path for a person confined to a wheelchair.  The fact that plaintiff was a serial litigant in ADA cases was not a reason to deny him Article… Read More

Though designated a person most qualified in response to a deposition subpoena on a corporation, the corporate representative is an ordinary lay witness whose testimony is admissible at trial only if based on her personal knowledge.  Here, a PMQ offered a declaration in support of defendant's summary judgment motion full of statements about defendant's practices decades before the witness was… Read More

To state a claim under section 14(e) of the Securities Exchange Act (15 USC 78n(e)), the plaintiff must allege facts showing (1) subjective falsity--that the defendants did not actually believe the revenue projections they sent shareholders, (2) objective falsity-- the revenue projections did not reflect the company's likely future, (3) shareholders' reliance on the projections in approving the tender offer,… Read More

This decision affirms a trial court order vacating an arbitration award in favor of an unlicensed contractor.  An award to an unlicensed contractor is in excess of the arbitrator's powers and contrary to public policy, providing grounds for vacatur of the award.  The trial court reviews the licensure issue de novo.  The contractor bears the burden of proof on the… Read More

Fitness leased a building from SVAP.  The lease was for a period of 15 years with 3 five-year renewals at the tenant's option.  In the 20th year of the lease, COVID hit, and the tenant was forced by government orders to shutter its gym facility for several months.  This decision holds that despite the financial hardship the tenant suffered, it… Read More

Owner sued waterproofing company in 2013 claiming its poor application of waterproofing materials on the roof of owner's building caused leaks in the roof.  The jury verdict was in favor of the waterproofing company.  Though finding it was negligent, the jury concluded defendant's negligence did not cause the leaks or other damage to the building.  Several years later, owner sued… Read More

A plaintiff claiming loss or damage to its cannabis business cannot bring a federal RICO suit against the defendant causing that damage.  Though legal under California law, a cannabis business is illegal under federal law and so cannot be recognized as "business or property" injury to which might confer statutory standing t sue for a RICO violation. Read More

To appeal from a Labor Commissioner award of wages to an employee, the employer must post a bond in the amount the Labor Commissioner awarded.  This decision holds that a car wash company cannot substitute its $150,000 car wash bond for the bond required by section 98.2.  Though for a similar purpose of guaranteeing payment of wages to car wash… Read More

The trial court correctly granted defendant's anti-SLAPP motion to strike plaintiff's Rosenthal Fair Debt Collection Practices Act suit because plaintiff could not show a likelihood of prevailing on the claim.  Civ. Code 1788.17 incorporates provisions of the federal Fair Debt Collection Practices Act, including 15 USC 1692e which forbids false statements in attempts to collect debts and misrepresentation of the… Read More

The trial court correctly granted defendant's anti-SLAPP motion to strike plaintiff's Rosenthal Fair Debt Collection Practices Act suit because plaintiff could not show a likelihood of prevailing on the claim.  Civ. Code 1788.17 incorporates provisions of the federal Fair Debt Collection Practices Act, including 15 USC 1692e which forbids false statements in attempts to collect debts and misrepresentation of the… Read More

Defendant in this lemon law case made a proper 998 offer of $35,001 plus either (a) $10,000 for pre-offer fees and costs, or (b) the sum the court awards for preoffer fees and costs (at the plaintiff's election) in exchange for dismissal of the case and return of possession of and title to the car.  Even though the lemon law… Read More

Plaintiff bought a set of tires from WalMart.com, agreeing to its online terms which included an arbitration agreement.  He sent the tires to a local WalMart to be installed on his car.  While in the store, plaintiff bought WalMart's "lifetime" service contract for tire rotation and balancing.  That service contract did not include an arbitration clause.  This decision affirms the… Read More

In a case governed by federal law, the arbitrator not the court decides whether the defendant has waived arbitration at least by acts other than participation in litigation.  But under California law, the court decides issues of waiver.  (CCP 1281.2(a).)  In this case, despite a choice of FAA law in the arbitration clause, California law governed this issue because plaintiffs'… Read More

Heirs who filed a medical malpractice wrongful death suit lack standing to challenge the constitutionality of MICRA's limits on noneconomic damages (Civ. Code 3333.2) and attorney fees (B&P Code 6147).  Plaintiffs' attorney had not withdrawn or moved to withraw due to the statutory limits on attorney fees.  Moreover, there is no constitutional right to an attorney in civil litigation.  Plaintiffs… Read More

In a suit between step-siblings of a 96-year old multi-millionaire, this decision holds that the trial court properly denied an Anti-SLAPP motion to strike the plaintiffs' claim for an elder abuse restraining order.  The claim did not arise from the defendants' protected litigation activities but from their non-protected acts of isolating the 96-year-old and causing him anxiety by importuning him… Read More

Following Marina Pacific Hotel & Suites, LLC v. Fireman's Fund Ins. Co. (2022) 81 Cal.App.5th 96, this decision holds that a complaint alleging that COVID-19 physically changes the business premises by virus-infected droplets adhering to surfaces and transforming them into disease-spreading modalities states an actionable claim for coverage under standard CGL business interruption coverage language. Read More

While in the hospital, plaintiff was assaulted by a psychiatric patient at the same hospital.  Plaintiff sued the hospital claiming it failed to take reasonable measures to protect plaintiff from the assault which it should have anticipated from information available to the hospital's psychiatrist.  This decision holds that the trial court erroneously concluded that plaintiff was not entitled to discovery… Read More