California Appellate Tracker

Under CCP 2023.030(f), a party cannot be sanctioned for destruction of ESI if the evidence was lost before the party that possessed or controlled it became  objectively aware the evidence was relevant to reasonably foreseeable future litigation, meaning the future litigation was probable or likely to arise from an event, and not merely when litigation was a remote possibility.  Here,… Read More

Family Code 271 allows a judge on motion of a party to a marital dissolution proceeding to sanction the opposing party for conduct that frustrates the policy of the law to promote settlement of litigation.  Here, the judge abused his discretion in awarding sanctions against wife's attorney under that section, as the statute allows sanctions only against a party, not… Read More

CCP 203(a)(5) used to provide that any person convicted of a felony could not serve as a juror.  Now it provides that persons convicted of a felony cannot serve as a juror while in prison or on parole or while required to register as a sex offender.  This decision holds that the sex offender exclusion satisfies the rational basis test… Read More

The trial court abused its discretion in granting defendant school's Anti-SLAPP motion to strike the plaintiff teacher's defamation complaint insofar as it was based on the termination letter the school sent the teacher and on the termination decision itself.  While the termination decision and letter related to an issue of public importance--protecting current and former students from teachers' sexual advances--neither… Read More

The trial court did not abuse its discretion in awarding plaintiff its attorney fees in opposing defendant's Anti-SLAPP motion to strike.  Plaintiff's claim arose from false representations the defendant developer made to the Rocklin City Council about his ability to develop a financially viable family theme park in the Rocklin Quarry.  Though the representations were made in an official proceeding,… Read More

Following Borden v. eFinancial, LLC (9th Cir. 2022) 53 F.4th 1230, this decision holds that to be an automatic telephone dialing system within the TCPA's meaning, the system must randomly or sequentially generate and dial telephone numbers.  It is not enough that the system randomly or sequentially chooses telephone numberes that the defendant has obtained and stored in a different… Read More

Section 12(a)(2) of the Securities Act (15 USC 77l(a)(2)) imposes liability on any person who offers or sells a security by means of untrue statements or concealments.  In Pinter v. Dahl, 486 U.S. 622, 643, 647-48 (1988), the Supreme Court held that a person may be liable as a “seller” under the predecessor version of § 12(a) if the person… Read More

Following Johnson v. Arvin-Edison Water Storage Dist. (2009) 174 Cal.App.4th 729, this decision holds that Labor Code wage and hour provisions do not apply to governmental entities.  Here, the San Diego Convention Center Corp. was a governmental agrency established by the City of San Diego to manage its convention center.  Accordingly, the plaintiff ex-employee could not prevail on meal and… Read More

Corp. Code 1604 provides for an award of reasonable attorney fees to a shareholder if the corporation refuses "without justification" his demand to inspect corporate records.as required under Corp. Code 1601.  This decision holds that "without justification" means at least not well grounded in fact and law.  Here, the trial court did not abuse its discretion in denying the shareholder… Read More

Following similar decisions in other circuits, this decision holds that the grounds for vacating an award under section 10 apply to international arbitration awards under the Convention on Recognition of Foreign Arbitral Awards (9 USC 201 et seq.).  9 USC 10(a)(4) allows a court to vacate an arbitration award if the arbitrators exceed their powers--which the arbitrators do only if… Read More

Lab. Code 2778 codifies the ABC test of employment for wage and hour purposes for most California worders, but expressly exempts real estate licenses, stating that their status is determined under Bus. & Prof. Code 10032 which in turn incorporates the test stated in Unemployment Ins. Code 650 and 13004.1.  Under that test, a real estate agent is an independent… Read More

When plaintiffs created their Coinbase accounts, they agreed to the “Coinbase User Agreement,” which contains an arbitration provision. They later opted into the Sweepstakes’ “Official Rules,” which include a forum selection clause providing that California courts have exclusive jurisdiction over any controversies regarding the sweepstakes.  This decision affirms the district court's determination that the arbitration agreement did not delegate to… Read More

Los Angeles County's rent control ordinance requires a landlord to submit a copy of a three-day notice to pay rent or quit to the LA County Dept. of Consumer & Business Affairs.  This decision holds that while the notice requirement is mandatory, the ordinance does not make compliance with that requirement either a condition precedent to eviction that the landlord… Read More

The trial court correctly denied the defendant employer's motion to compel arbitration.  The arbitration agreement did not clearly delegate the decision on unconscionability to the arbitrator.  Merely referring to "arbitrability" as a kind of dispute handled by the arbitrator was insufficient, as was incorporation of AAA rules, at least in the context of an employment agreement.  The arbitration agreement was… Read More

This decision holds that when a consumer who is not a party to the action objects to disclosure of his personal records pursuant to a party's subpoena on a third-party witness under CCP 1985.3(g), the subpoenaing party must move to enforce the subpoena over the consumer's objection within 20 days after service of the objection, as provided in CCP 1985.3(g). … Read More

Normally, private suits under the Political Reform Act (Gov. Code 81000 et seq.) are governed by a four year limitations period.  However, this case holds that when the Reform Act is used to challenge land use decisions, the more specific 90-day limitations provision of Gov. Code 65009 and 66499.37 apply instead. Read More

Plaintiff filed a Chapter 11 and was debtor-in-possession until the bankruptcy appointed a trustee in her stead.  Following dismissal of the bankruptcy case, plaintiff sued her bankruptcy attorney for malpractice.  Held:  Plaintiff cannot sue the attorney, without bankruptcy court approval, for malpractice committed while attorney for plaintiff as debtor in possession.  The bankruptcy court appoints the attorney for the debtor-in-possession,… Read More

Part of the Dodd-Frank Act (12 USC 5481, 5536) forbids "covered persons" from engaging in any unfair, deceptive, or abusive act or practice.  A "covered person" is one who engages in offering or providing a consumer financial product or service, including “providing financial advisory services . . . to consumers on individual financial matters or relating to proprietary financial products… Read More

Under CCP 583.340, the five year period to bring an action to trial is stayed during periods when it is impossible, impracticable or futile to bring the action to trial--even if those periods occur early in the 5-year period and the plaintiff is not thereafter diligent in seeking a trial date less than 5 years from the filing of the… Read More

A court may correct an arbitration award if (a) there is an evident miscalculation or mistake of description, (b) the arbitrator exceeded his powers and the award can be corrected without affecting the merits of the decision, or (c) the award is imperfect in a matter of form not affecting the merits.  Here, the arbitrator allowed a set off of… Read More