California Appellate Tracker

A medical expert testifying about causation in support of the party bearing the burden of proof in a medical malpractice case must be able to express an opinion “to a reasonable medical probability,” which means more likely than not.  If the defendant tries to prove that something other than its alleged negligence caused plaintiff's injury, it bears the burden of… Read More

Assuming federal law governs the issue of waiver of the right to compel arbitration in a case to which the FAA applies, this decision holds that no showing of prejudice to the party opposing arbitration is required to support a finding that the party seeking to compel arbitration has waived the right to do so by its conduct in the… Read More

Despite CCP 1710.40'sopen-ended list of potential defenses to a sister state judgment, under the Full Faith and Credit Clause, the statute does not and cannot create an opportunity to raise defenses to the merits of the underlying claims resolved in the sister state judgment. Thus, defenses based on a contract's arbitration, forum selection and choice of law clause could not… Read More

The trial court erred in vacating entry of judgment in California on a sister state judgment rendered in Missouri where plaintiffs lived.  Missouri had personal jurisdiction over the California defendants since they had sent allegedly fraudulent communications to plaintiffs in Missouri, inducing the Missouri plaintiffs to enter into a contract for defendants' adoption services and pay defendants from Missouri.  An… Read More

Despite a broadly worded delegation clause, a court must always decide whether the parties entered into an arbitration agreement.  And, when the defendant appeals from a trial court's decision that it did not satisfy its burden of proving the existence of an arbitration agreement, the appellate court only asks whether the appellant’s evidence was (1) “uncontradicted and unimpeached” and (2)… Read More

The extra hour's penalty pay that an employer must pay a worker who has been denied a meal break is wages, and so failure to pay the hour's wage triggers the additional waiting time and insufficient wage statement penalties under Lab. Code 203 and 226.  The employee is entitled to 7% prejudgment interest on the hour's penalty wages. Read More

Under the FCRA, a furnisher of credit information must make a reasonable investigation if the consumer about whom it furnishes information to a credit reporting bureau properly protests the inaccuracy of the furnisher's information.  Furnishers, unlike credit reporting agencies, may be required to investigate the legal as well as factual bases of the information it furnishes.  Here, CitiMortgage continued to… Read More

A Delaware corporation's bylaw requiring any shareholder derivative suit be brought in Delaware Chancery Court is enforceable.  Such a forum selection clause does not offend any federal statute or public policy. Read More

CCP 340.3(a) lengthens the statute of limitations for suing a defendant convicted of a felony for the wrongful act on which the plaintiff sues.  This decision holds that section 340.3(a) does not lengthen the statute of limitations for suits against those vicariously liable for the felon's wrongful act, such as his employer in this case.  The decision also holds that… Read More

Under 28 USC 1782, a party to a proceeding in a foreign court may petition a district court to compel a deposition or production of documents from a resident of the district for use in the foreign proceeding.  This decision holds that since the only relief sought in such a proceeding is an order compelling discovery, a magistrate judge may… Read More

When a nonexempt lender charges more interest than is allowed under Cal. Const. art. XV, sec. 1, the interest provisions of the loan agreement are unenforceable.  The principal amount of the loan is deemed due on the maturity date of the loan, and all payments on the loan before then are credited against principal.  However, if the loan is not… Read More

An insurer is not required to appoint Cumis counsel when it accepts its insured's defense without a reservation of rights but, for premium purposes only, decides that the insured is the at-fault driver in the accident and so increases his premium for future years' coverage. Read More

This decision holds that B&P Code 7031 prevents a licensed general contractor from obtaining compensation for work done by an unlicensed subcontractor (here, a tree-trimming contractor). Read More

This decision reverses a summary judgment for defendant, finding a triable issue of fact as to whether defendant willfully violated the FCRA's requirement that an employer provide a job applicant a stand alone disclosure of its potential use of credit reports for employment screening.  (15 USC 1681b(b)(2)(A).)  Wilful for this purpose includes reckless conduct that increases the risk of violation… Read More

Though recognizing a conflict between Court of Appeal decisions on the subject, this opinion sticks with Housing Group v. Superior Court (1994) 24 Cal.App.4th 549 in holding that a good faith settlement determination under CCP 877.6 may only be attacked by petition for extraordinary writ, not by appeal from the final judgment in the case. Read More

Under the out-of-pocket loss rule for fraud damages, a purchaser cannot recover the purchase price as consequential damages.  However, in applying the out-of-pocket loss rule, the trier of fact is not limited to considering the market value of the product or service on the date it was purchased, but may also consider post-sale evidence that bears on its market value… Read More

Assuming that it is unconstitutional to award statutory penalties for the same wrongful conduct that is also a basis for a punitive damage award, this decision holds that the jury's award of punitive damages for fraud and statutory double damages under the Song-Beverly Act did not offend that rule.  The punitive damages were for misrepresentations that induced purchase of the… Read More

Under Evid. Code 1222, authorized admissions are an exception to the hearsay rule.  This decision holds that the exception applies to any authorized statements by an agent or employee, whether made to third parties or to other agents or employees of the same principal.  It also holds that under Dart Industries, Inc. v. Commercial Union Ins. Co. (2002) 28 Cal.4th… Read More

Following Berroteran v. Superior Court (2022) 2021 Cal. LEXIS 8418, this decision holds that the trial court did not abuse its discretion in admitting testimony by Ford witnesses given in depositions in a class action involving defects in the same model truck as plaintiff sued on.  Plaintiffs were not parties to the class action since the class was not certified… Read More

Under 46 U.S.C. 30511(c), a shipowner may sue to limit its liability for claims to the value of the vessel and any pending freight so long as the shipowner sues for that relief within 6 months after a claimant gives the shipowner written notice of a claim.  To trigger that six-month limitations period, the claimant's "written notice of a claim”… Read More