California Appellate Tracker

Falsity is a key element of a claim under Securities Act section 11 and Securities Exchange Act section 10 (and Rule 10b-5).  To satisfy Rule 9(b) and the PLRSA's heightened pleading requirements, a plaintiff must plead specific facts showing what was represented and why it was false.  In this case, plaintiff failed to do so because it failed to define… Read More

The Court of Appeals reviews de novo whether the trial court properly denied leave to amend (following granting a motion to dismiss) on the ground of futility.  Here, the Court of Appeals agreed with the district court that further amendment would be futile because in dismissing the previous complaint, the district court explained in some detail what needed to be… Read More

Judgment, Vacation of, No Time Limit On Motion To Vacate Void Judgment, CCP 473(d), 1, 11 Disapproving Trackman v. Kenney (2010) 187 Cal.App.4th 175, Rogers v. Silverman (1989) 216 Cal.App.3d 1114 and similar decisions, this decision holds that there is no time limit within which a party must file a motion under CCP 473(d) on the ground that the judgment… Read More

Defendant's Anti-SLAPP motion to strike was frivolous, entitling the plaintiff to an award of attorney fees.  The petition plainly alleged claims based in part (if not completely) on non-protected activity, yet the motion did not identify within each claim the portions of the claim that were allegedly based on protected activity, as is the moving party's burden in bringing an… Read More

Unfair Competition, Limitations, Delayed Discovery Rule Applies, 1, 11 This case holds that delayed discovery may toll the four year statute of limitations on a public prosecutor's claim for civil penalties under the UCL for a violation that does not involve fraud.  Generally, the common law exceptions to statutes of limitations apply when those statutes are silent, as B&P Code… Read More

The trial of this unlawful detainer action was electronically recorded, without a court reporter present.  The recording was lost.  After the Appellate Department affirmed the judgment, largely due to the lack of a reporter's transcript of the trial, defendant moved for a new trial and appealed from denial of that motion.  This decision holds that CCP 911 which allows a… Read More

Contracts, Forum Selection, Nonwaivable Rights, Jury Trial Waiver, 1, 11 Following Handoush v. Lease Finance Group, LLC (2019) 41 Cal.App.5th 729, this decision holds that the trial court erred in enforcing a forum selection clause selecting a Washington state court forum because the contract also contained a jury trial waiver clause.  The moving defendant bore the burden of showing that… Read More

This decision affirms a default judgment despite the plaintiff's plea on appeal that the trial court had erred in not awarding more damages, attorney fees, and discovery sanctions.  Trial courts must serve as gatekeepers when default judgments are sought, assuring that the plaintiff proves with evidence the claimed damages.  Here, the fight was over a $47,000 bill for inadequate plumbing… Read More

A probate court order granting, in part, a petition under Probate Code 17200 seeking to invalidate a provision of a testamentary trust was an appealable order under Probate Code 1304 despite leaving undecided certain aspects of the relief that the petition requested.   Read More

Real Property, Restraint on Alienation, Testamentary Trust Restriction On Resale, 1, 11 Civ. Code 711 voids “conditions restraining alienation, when repugnant to the interest created."  This decision holds that section 711 applies to restrictions a testamentary trust imposes on resale of property to be conveyed to a beneficiary under the trust.  Here, in an attempt to keep the family home… Read More

Debt Collection, False Representation, Misidentifying The Debtor, 1, 11 Plaintiff, a debt collector, sued one Yolanda Rodriguez on a debt owed by a different woman with the same name, but a different age and Social Security Number.  After this was shown to plaintiff, it dismissed the suit, but this decision holds that the trial court erred in granting plaintiff's Anti-SLAPP… Read More

Appeals, Appealable Orders, Probate, Order Suspending A Trustee & Appointing Interim Trustee, 1, 11 An probate court order suspending a trustee and appointing an interim trustee is not directly appealable.  Probate Code 1300-1304 list the types of probate court orders that are appealable.  Suspension of a trustee is a provisional remedy; whereas as removal of a trustee is a final… Read More

The trial court erred in granting defendant summary judgment on plaintiff's FEHA claims for sex discrimination and harassment.  On the discrimination claim, plaintiff's evidence showed that male flight attendants were not disciplined as severely as she was for posting suggestive pictures in uniform on her social media page.  Additional evidence raising a triable issue as to discrimination included the evidence… Read More

Employment, PAGA Suit, Standing To Bring PAGA Claim After Arbitration Loss On Individual Claims, 1, 11 Following Rocha v. U-Haul Co. of California (2023) 88 Cal.App.5th 65 and not Gavriiloglou v. Prime Healthcare Management, Inc. (2022) 83 Cal.App.5th 595, this decision holds that an arbitration award in the employer's favor on all of  the employee's individual Labor Code violation claims… Read More

The arbitrator issued what he titled an Interim Award which seemed to resolve all of plaintiff's claims against her.  However, the award stated that it would become final unless a party filed a motion within 20 days pointing to an issue that the Interim Award did not resolve.  Plaintiff filed such a motion within 20 days, pointing out that the… Read More

After the trial court sustained defendants' demurrer with leave to amend, plaintiff filed an amended complaint which no longer named the HOA as a defendant and stated no claim against it.  Under CCP 581(f)(2), the trial court had discretion (which it did not abuse) to dismiss the HOA with prejudice.  If plaintiff had wished to dismiss the HOA without prejudice,… Read More

Four requirements must be met to trigger the federal two-dismissal rule (FRCivP 41(a)(1)(B)): (1) the plaintiff voluntarily dismissed an action in either state or federal court, (2) thereafter the plaintiff voluntarily dismissed an action pending in federal court, (3) the two dismissals concerned the same claim, and (4) the plaintiff seeks to raise the twice-dismissed claim again in federal court. … Read More

Employee's pre-suit letter to the employer's HR department was protected by the litigation privilege even though the letter did not expressly threaten suit.  By the time, plaintiff had complained many times to management without redress and had hired a lawyer.  She also submitted a declaration attesting that she was seriously contemplating suit at the time she sent the letter. Read More

(Plaintiff's letter written to defendant's HR department shortly before plaintiff sued for wrongful termination was protected activity under CCP 415.16(e).  Plaintiff's boss failed to show that the letter fell within the narrow Flatley v. Mauro (2006) 39 Cal.4th 299 exception for patently illegal conduct.  Here, plaintiff disputed the boss' assertion that plaintiff had threatened to defame him to his superiors… Read More

Consumer Protection, Warranty, Song-Beverly Act, Repair or Refund Remedy, Used Car, Unexpired Warranty, 1, 10 The Song-Beverly Act's replace-or-refund remedy applies only to unrepaired defects in new cars, which the Act defines to include dealer owned and demonstrator cars or other motor vehicles sold with a manufacturer’s new car warranty.  (Civ. Code 1793.22(e)(2).)  This decision holds that a car which… Read More