California Appellate Tracker

The trial court did not abuse its discretion in ordering a new trial in this case where the writers for the series Columbo sued the studio that produced those shows.  The trial court correctly concluded--only after the jury ruled--that it was for the court to interpret the contract between the parties and that the crucial term "photoplay" included each TV… Read More

Defendant waived her right to compel arbitration by waiting for 2 years into the litigation before moving to compel arbitration.  Though prejudice to the opposing party is an important factor to consider in deciding whether arbitration has been waived, waiver can be found even without a showing of prejudice.  Anyway, long delay in bringing a motion to compel arbitration may… Read More

The trial court did not abuse its discretion in finding that neither party prevailed or was entitled to an attorney fee award under the Davis-Stirling Act (Civ. Code 5975(e)) or the private attorney general statute (CCP 1021.5) in this suit by a condo owner against the condo association.  Although plaintiff obtained a preliminary injunction and prevailed in forcing the condo… Read More

A written waiver or release of future negligence claims or assumption of the risk in order to participate in recreational activities is enforceable.  Here, a high school required its football team players to sign such a release.  It barred plaintiff's claim for negligence in failing to diagnose the concussion he suffered playing football which led to serious brain damage.  Plaintiff… Read More

The trial court did not abuse its discretion in not denying defendant's summary judgment motion for alleged defects in its separate statement of undisputed facts.  Though a trial court may deny a summary judgment motion on that ground, it is not compelled to do so.  Here, the alleged defect was stating several facts together in a single "undisputed fact" and… Read More

Following but distinguishing Sellers v. JustAnswer LLC (2021) 73 Cal.App.5th 543, this decision holds that Blizzard employed a form of sign-in wrap to show consent to its agreement for use of its website and games.  In the context of a continuing relationship to play Blizzard's games, its sign-in wrap adequately informed users that they had to agree to its terms… Read More

Appeals from probate orders did not automatically stay the parties' ability to settle their dispute.  Even though their settlement required dismissal of the pending appeals, the settlement was effective and did not violate the automatic stay on appeal under CCP 916. Read More

If a party to an arbitration agreement claims it cannot afford to pay the arbitration fees, the trial court require that party to prove his inability to pay, and may hold an evidentiary hearing to consider the evidence on that question.  If the trial court finds that the party actually cannot pay the arbitration fees, it must let the other… Read More

A summary judgment in favor of defendant in this whistleblower action is reversed because the defendant brought the motion using the McDonnell Douglas test rather than the statutory test under Lab. Code 1102.6, as explicated in Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703.  The decision also holds that the same Lawson test applies under Gov. Code 8547.10,… Read More

This decision rejects an employer's argument that a worker must first prove that the employer was the "hiring entity" before applying the ABC test to determine whether a worker is an employee as opposed to an independent contractor. Read More

Gov. Code 855.6 immunizes government employees from liability for failure to make or failure to make adequate physical or mental exams of other persons for the purpose of detecting disease or physical or mental state that would pose a danger to others.  This decision holds that the immunity applies to al government employees, not health professionals only.  However, it also… Read More

This decision affirms dismissal of a shareholder derivative action against Intel's board members arising out of Intel's allegedly tardy response to learning that its chips contained two defects that could be exploited by hackers.  Applying Delaware law, the decision holds that the complaint failed to allege specific facts showing that a majority of Intel's board received a material personal benefit… Read More

Disagreeing with Wesson v. Staples The Office Superstore, LLC (2021) 68 Cal.App.5th 746, this decision holds that a court may not dismiss PAGA claims on the ground they are unmanageable.  However, it may control the trial by limiting the amount of proof the plaintiff may introduce--thus, potentially reducing the amount of collectible PAGA penalties, but not dismissing the action altogether. Read More

It is unlawful for an employer to prevent workers from leaving the employer's premises during a meal break.  Doing so converts the meal break into an on-duty meal break, entitling the employee to premium pay. Read More

While this petition for mandamus and suit for injunctive relief was pending, the Legislature amended Gov. Code 54237.9 to require the Department of Transportation to sell homes it has bought to make way for freeways at the original purchase price without adjustment for inflation.  Since this suit sought only prospective relief--sale of the homes at the original purchase price without… Read More

This case holds that consumers may recover uncapped attorney fees against holders under the FTC Holder Rule.  Though the attorney fees are part of the "recovery" that the Holder Rule itself caps, the FTC Holder Rule does not preempt any state laws, but merely prescribes a required contract clause.  So, Civil Code 1459.5 is not preempted and it allows full… Read More

A dredge company's application to the Coast Guard for a coastwise shipping permit was protected speech under CCP 425.16.  Plaintiff had no probability of succeeding on its UCL claim based on the allegedly fraudulent application for the coastwise permit because the Coast Guard exercises exclusive jurisdiction over the issuance of those permits, preempting state law claims arising from the issuance… Read More

The automatic stay on appeal prevents the trial court from entering a voluntary dismissal of the action while the case is on appeal from an interlocutory order (such as here, an order denying an Anti-SLAPP motion) because dismissal of the case would affect the Court of Appeal's jurisdiction over the appeal.  Furthermore, even if it were otherwise effective, a voluntary… Read More

Employee's claims against his employer for promising a pay raise to all employees if they voted against a union--and then not following through and retaliating against employee when he protested--was preempted by the NLRA as all of the claims alleged conduct that was actually or arguably protected or prohibited under the NLRA. Read More

When the plaintiff files an amended complaint that omits a defendant named in the prior complaint, the amendment is treated as a voluntary dismissal of the omitted defendant, without prejudice.  Here, plaintiff's third amended complaint named Minassian as a defendant.  The parties stipulated to the filing of plaintiff's fourth amended complaint which omitted Minassian.  Though the trial court didn't sign… Read More