California Appellate Tracker

Following SEIU Local 121RN v. Los Robles Regional Medical Center (9th Cir. 2020) 976 F.3d 849, this decision holds that, at least with respect to delegation of arbitrability questions to the arbitrator, arbitration clauses in collective bargaining agreements are to be interpreted just like arbitration clauses in other types of contracts.  A broad arbitration provision in a collective bargaining agreement … Read More

The trial court erred in granting defendant summary judgment based on expiration of the statute of limitations (CCP 340.5) in this medical malpractice case arising from a stillbirth following an operation to turn the fetus to a head-down position for birth.  There was a question of fact as to whether plaintiff subjectively suspected malpractice the day before delivering the stillborn… Read More

Neither claim nor issue preclusion applies when the prior judgment was obtained against a person acting in a different capacity than the capacity in which he brings the second suit, at least so long as the second suit is also brought on a different right.  Here, the court applies that principle to hold that an arbitration award and judgment against… Read More

Plaintiff, a retired state government employee, sued the closed shop union for deducting dues from her wages even though she never joined the union.  The decision affirms dismissal for lack of jurisdiction as to her claims for prospective declaratory and injunctive relief because she was no longer employed and so not threatened with any future deduction of union dues from… Read More

Plaintiff stated viable UCL and CLRA claims against Walmart based on its deceptive advertising of its "white baking chips." A reasonable consumer was likely to think, wrongly, that the product contained chocolate because the product was formed into chips that looked like chocolate chips, they were called "white" which could be understood as short for white chocolate, and were placed… Read More

Plaintiff stated viable UCL and CLRA claims against Target based on its deceptive advertising of its "white baking chips."  The product's price tag said "WHT CHOCO" while the product's label didn't clearly say whether the white baking chips contained or did not contain chocolate.  A reasonable consumer could read the price tag and believe that the chocolate chip-like white baking… Read More

Under Gov. Code 12965(c)(3), an action in which one cause of action is for violation of FEHA (even if joined with other claims) may be brought, among other venues, where the violation occurred or where the plaintiff would have worked but for the alleged violation.  This decision holds that venue in this pregnancy discrimination case was proper in Los Angeles… Read More

The defendant's application to the IRS to qualify an organization as a 501(c)(3) charitable organization was a protected activity under CCP 425.16(e)(1) or (2).  It was a submission in an official proceeding before an executive agency whose action was not purely ministerial but involved the exercise of judgment and discretion.  By contrast, filing of articles of incorporation and a statement… Read More

Patients sued medical group after the group suffered a data breach that allowed hackers access to personal indentifying information concerning patients, including SSNs and medical histories.  This decision holds that the patients have UCL standing to sue.  Under their "benefit of the bargain" theory, the patients suffered a loss of money by purchasing the medical group's services which (a) weren't… Read More

Plaintiff's decedent was killed in a high speed police chase.  The City claimed immunity under Veh. Code 17004.  However, this decision holds that to obtain that immunity, the City must prove that it provided its police officers vehicle pursuit policy training with the characteristics required by 11 Cal. Code Regs. 1081 including annual mandatory one-hour training sessions.  The City didn't… Read More

A plaintiff may state a viable claim for unjust enrichment even if the plaintiff did not supply the consideration that it claims defendant unjustly received.  But in that circumstance, the plaintiff must show it has a greater right to what defendant received than the defendant does.  It is not enough to show that the defendant got a windfall while plaintiff… Read More

(In Goonewardene v. ADP, LLC (2019) 6 Cal.5th 817, the Supreme Court held that a non-party to a contract make invoke it as a third party beneficiary only if it established all three of the following:  (1) it would in fact benefit from performance of the contract, (2) providing that benefit to it was a motivating purpose of the parties… Read More

A Workers Compensation judge's finding that the employer did not discriminate against the employee based on her industrial injury under Lab. Code 132a does not necessarily preclude the employee's claims for disability discrimination under FEHA--at least when the Workers Comp. judge expressly refuses to decide whether the employer discriminated against the employee based on her disability as opposed to the… Read More

Pinkert established a donor advised fund at Schwab, allowing him to take current year tax deductions for charitable donations that were not distributed until later.  He sued Schwab for charging excessive fees to the fund and for mismanaging it, both of which decreased the amounts ultimately distributed to charities.  This decision holds that Pinkert lacked Article III standing as he… Read More

Under CRC 8.108(c), the time to appeal is extended by a "valid" motion to vacate judgment under either CCP 473(b) or 663.  To be "valid," the motion must satisfy the procedural prerequisites of such a motion (including timely filing) and must be based on a proper ground for such a motion, but it need not be substantively meritorious.  Here, plaintiffs… Read More

During construction of a development in South Lake Tahoe, a worker for a subcontractor slipped on an icy floor, falling from a ladder and injuring himself.  This decision holds that the trial court granted defendant summary judgment based on the Privette doctrine which bars claims by an injured worker for an independent contractor against the hirer of that contractor.  This… Read More

Following Naranjo v. Spectrum Security Services, Inc. (2022)  13 Cal.5th 93, this decision holds that penalty pay for missed rest and meal breaks is "wages" and failure to pay those wages triggers waiting time and wage statement penalties under Lab. Code 202 and 206, and liability for attorney fees under Lab. Code 218.5 which directs a fee award to a… Read More

An employer's decision not to renew an employee's employment contract is an adverse employment action that will support a claim for discrimination or retaliation. Read More

The police owe a duty of care in employing deadly force.  However, that duty applies only where it is the police's use of force that kills or injures the plaintiff, not where, as in this case, the police's use of force triggers another person to engage in violence that kills or injures the plaintiff.  Here, the police fired at an… Read More

This decision holds that under Civ. Code 9564 (providing for attorney fees in suits on construction surety bonds) and CCP 1032, the prevailing party is entitled to recover attorney fees and costs even if that party has been represented at no cost to that party--as here, the prevailing surety's defense was paid under by the construction contractor-principal on the bond… Read More