California Appellate Tracker

Plaintiffs failed to allege a viable claim of trespass to chattels against defendants whom they alleged accessed and copied, without authority, computer files containing private legal and medical information about them and other workers compensation plaintiffs.  Under Intel Corp. v. Hamidi (2003) 30 Cal.4th 1342, a trespass to chattels claim cannot be stated for computer hacking (either sending or copying… Read More

Under Probate Code 145, a spouse waives his or her interest in the other spouse's estate by entering into "a complete property settlement agreement after or in contemplation of a separation, dissolution or annulment of their marriage."  This decision holds that to operate as such a waiver, the settlement agreement need not recite that it waives that right nor that… Read More

This decision affirms the CFPB's judgment against CashCall under 12 U.S.C. § 5536(a)(1)(B) which prohibits unfair, deceptive or abusive acts or practices in consumer finance.  CashCall made loans to consumers at rates that were usurious under the laws of the states where they resided, attempting to circumvent those laws by a choice of Indian tribal law in its loan agreements. … Read More

This decision affirms dismissal of a 10b-5 securities complaint, holding that the complaint did not adequately allege falsity or loss causation.  The alleged omission concerned the results of a stage 1 drug trial for a cancer treatment drug.  Nektar reported that the drug increased cancer-fighting T cells by 30 times in the stage one test group of 10 patients.  Plaintiffs… Read More

Under Rule of Professional Conduct 1.12, a former judge may not act as counsel  in connection with a matter in which the he participated personally and substantially as a judge without the informed written consent of all parties.  This decision affirms an order disqualifying a former judge under this rule.  It holds that any party to the proceeding in which… Read More

This decision affirms a summary judgment for Walmart on a model's claim for waiting time penalties for Walmart's failure to pay her all earned wages after each one- or two-day photo shoot.  Although triable issues of fact remained as to whether plaintiff was an employee to whom Labor Code 203 applied, Walmart had established its defense of a good faith… Read More

Following City of Oakland v. BP, PLC (9th Cir. 2020) 969 F.3d 895, this decision holds that there is no federal subject matter jurisdiction over San Mateo's public nuisance suit against energy companies for promoting use of their fossil fuels thereby causing global warming and rising sea levels that threatened harm to county property.  The county's state law claims do… Read More

Testimony by individual legislators (or here, county supervisors) is inadmissible to prove legislative intent since the requisite intent is that of the entire body, not the individual legislator or supervisor. Read More

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 was previously sold to another consumer is not a "new" car for these purposes even… Read More

The district court abused its discretion in denying class certification on the ground of lack of numerosity in this Title IX case charging unequal sports programs for females in Hawaii state schools.  The absolute size of the class--300 currently enrolled students--satisfied numerosity, as the plaintiff's claims challenged the state's overall treatment of female athletes, necessarily affecting all 300 female athletes. … Read More

Following Ritzen Group, Inc. v. Jackson Masonry, LLC (2020) 140 S.Ct. 582, this decision holds that an order denying relief from the automatic stay is immediately appealable so long as it finally resolves the issue of whether the movant is entitled to relief from stay on the basis on which relief was sought, even if the denial is without prejudice… Read More

In the 9th Circuit, courts apply the "primary purpose" test to determine whether an attorney-client communication for the dual purpose of tax or business advice and legal advice is attorney-client privileged.  This decision affirms the district court's use of that test rather than the "because of" test used for work product protection (from the totality of the circumstances was the… Read More

Generally, a landlord does not owe a duty of care with respect to open and obvious dangers on the property.  There is an exception, however, when it is foreseeable that, because of necessity or other circumstances, a person may choose to encounter the condition.  Here, the exception applied because the obviously dangerous stairway, with uneven risers and no handrail, led… Read More

In response to a contention interrogatory about whether plaintiff, the borrower, contended that notice of foreclosure had not been properly served, plaintiff answered "unsure."  This decision holds that plaintiff is bound by that deliberately ambiguous answer and cannot, in opposition to a summary judgment motion, suddenly claim that she now is certain she never received notice of the foreclosure sale. … Read More

Langford, a CHP officer, killed Silva's son while speeding to respond to an emergency call.  Langford was statutorily immune from liability under Vehicle Code 17004, but the CHP was not.  Gov. Code 815.2(b) immunizes a government entity when its employee is immune except as "otherwise provided by law."  Vehicle Code 17001 otherwise provides, making an entity liable for death or… Read More

A party moving under 11 USC 1112(b)(1) for relief such as conversion of a Chapter 11 case to a Chapter 7 case bears the burden of persuasion that cause exists for granting that relief.  Cause includes a material default in making payments due under the Chapter 11 plan.  Material isn't defined by the Bankruptcy Code, but gains meaning from the… Read More

A plaintiff who accomplishes no more than to defeat a defendant’s motion for qualified immunity is not entitled to attorney’s fees pursuant to § 1988(b), because the plaintiff has not yet prevailed on any claim. Read More

Defendant admitted negligence in an auto accident case.  But the trial court correctly denied plaintiff's motion for a directed verdict on causation.  Defendant's expert said only that the accident caused additional injury "if the plaintiff's testimony is believed."  The jury could and did disbelieve plaintiff.  Plaintiff could not complain on appeal about the wording of jury instructions since he invited… Read More

Defendant failed to preserve her contention that the trial court erred in allowing a Violence Protection Prevention proceeding to be conducted by Zoom with the plaintiffs and their witnesses seen by the court while defendant could only access the Zoom hearing by telephone.  Defendant didn't object on that ground in the trial court and so is barred from doing so… Read More

Defendant failed to preserve her contention that the trial court erred in allowing a Violence Protection Prevention proceeding to be conducted by Zoom with the plaintiffs and their witnesses seen by the court while defendant could only access the Zoom hearing by telephone.  Defendant didn't object on that ground in the trial court and so is barred from doing so… Read More