California Appellate Tracker

The district court erred in dismissing plaintiff's sex discrimination/hostile working environment claim.  The employer failed to take immediate corrective action when a customer at the nail salon sexually propositioned plaintiff, a male pedicurist.  Instead of doing so, the employer sent plaintiff back to complete the pedicure of the offending customer.  Also, the later remarks by fellow workers about the incident… Read More

Under Civ. Code 3360 and applicable California decisions, a plaintiff who proves that defendant breached a contract is entitled to an award of nominal damages even if the plaintiff is unable to prove actual damages caused by the breach.  (Sweet v. Johnson (1959) 169 Cal.App.2d 630, 632.)  Two 9th Circuit opinions stating that breach of contract claims are not actionable… Read More

The district court erred in dismissing the plaintiff police officers' defamation complaint against a city council member for her telling a crowd that that a fatal shooting by the police constituted “a blatant murder at the hands of the police,” and calling for the Seattle Police Department to be held accountable “for their . . . individual actions.”  It was… Read More

A governmental entity is liable for a dangerous condition of its property only if it has actual or constructive notice of the condition and doesn't fix it.  The entity has constructive notice of a dangerous condition only if (1) the dangerous condition existed for a sufficient period of time before the plaintiff’s injury, and (2) it was sufficiently obvious that… Read More

Plaintiff recovered a $115,000 jury verdict after having rejected defendant's $200,000 998 offer.  This decision holds that the defendant's post-offer costs awarded by the trial court under CCP 998 must be subtracted from the $115,000 jury verdict before computing the amount of the judgment payable to the workers' comp. lienor under Lab. Code 3856.  Since the post-offer costs exceeded $115,000,… Read More

Defendant's $200,000 998 offer was clear, not ambiguous, and was enforceable when plaintiff recovered less than $200,000--even though the offer did not refer to the workers’ compensation lien and state whether settlement proceeds could be used to recoup the lien.  Absence of a reference to the workers' comp. lien didn't render the offer uncertain or invalid.  A party making a… Read More

The trial court did not abuse its discretion in denying plaintiff a new trial on the ground of jury misconduct.  During deliberations one juror said that they were not to consider insurance, a worker's comp. lien was insurance, and since workers comp. had already paid for the plaintiff's medical treatment, the jury shouldn't award damages for those medical expenses.  The… Read More

Under the Knox-Keene Act, health care plans must reimburse out-of-contract hospital for emergency services provided to plan members at the reasonable and customary value for those services (in the absence of a contract setting another rate).  A hospital may sue a health plan in quantum meruit if if thinks the health plan has paid less than the reasonable and customary… Read More

The trial court did not abuse its discretion in denying the longshoremen's union permissive intervention in this multi-sided litigation over an environmental impact report for the China Terminal which handles 17% of the cargo at the Port of Los Angeles.  In ruling on a motion for permissive intervention, a court considers four factors:  1. whether the intervener has followed proper… Read More

This decision reverses a summary judgment in a disability discrimination case under FEHA.  Plaintiff presented sufficient evidence to support a prima facie case that he could perform the essential duties of a job with or without accommodation and that he was treated differently from other employees because of his disability. Defendant's showing of a legitimate, nondiscriminatory reason for plaintiff's discharge… Read More

In this attorney malpractice case, the trial court properly ruled against plaintiff on the case-within-a-case, establishing that the underlying insurance claim had no merit, so the attorney's negligence in not filing suit in a timely manner did not cause plaintiff's loss.  The insurance claim arose under a contractor's CGL policy, and the policy's own work exclusion clearly barred insurance coverage… Read More

CCP 340.5's one-year statute of limitations, not the general two-year limitations period for personal injuries applied to this action by an emergency room patient who was injured when she collapsed on the way back from the bathroom.  The emergency room nursing staff made a medical decision that the patient did not need to be accompanied to and from the restroom. … Read More

Under the prior approval of rates scheme enacted by Prop. 103 (Ins. Code 1861.05; Cal. Code Regs., titl 10, 2644.20), the Insurance Commissioner must consider the insurer's investment income as against losses, costs and reserves in determining whether the rate is reasonable.  This decision holds that the Commissioner must use only the investment income earned by the insurance company seeking… Read More

This case involved a dispute about rent payable during the renewal term of a long-term lease.  The lease provided for an attorney fee award for an action to enforce the lease or obtain a declaration of rights under it.  However, it also provided for arbitration of any dispute about the rental during the renewal term, and in that regard stated… Read More

Best Buy is not liable for an independent contractor's negligent installation of a Best Buy washer on the plaintiff's premises which resulted in extensive water damage.  Best Buy hired firm 1 to transport Best Buy products to purchasers' properties.  Firm 1 contracted with local transportation companies to provide the actual transportation and installation services.  The local company that transported and… Read More

Plaintiff sued the manufacturer of his hip replacement for product liability failure to warn and defective manufacture.  This decision affirms summary judgment for the defendant.  The failure to warn claim failed because plaintiff's doctor who chose and implanted the hip replacement testified that he kept closely abreast of developments in hip replacement surgery and was aware from reading scientific journals… Read More

The general rule under CCP 395 is that the county of the defendant's residence is the only proper venue in which to bring a suit against him or her.  However, CCP 395(a)'s second sentence also allows suit to be brought in the county in which injury to person or personal injury occurs.  This decision explains that to qualify as an… Read More

While a trial court has broad discretion to allow an amendment to conform to proof after commencement of trial (CCP 576), the trial court lacks authority to make a sua sponte post-trial amendment of the complaint to allege a claim based on facts and theories not alleged in the complaint.  Doing so denies the defendant due process. Read More

A grant deed cannot be delivered to the grantee conditionally.  Delivery to the grantee, or to his agent as such, is necessarily absolute, and the instrument takes effect on delivery, discharged of any condition on which the delivery was made, unless the condition is stated in the deed itself.  Here, before their divorce, wife delivered grant deeds to two properties… Read More

The federal Poultry and Poultry Products Inspection Act (21 U.S.C. §§ 451 et seq.) expressly preempts state laws that impose different or additional labeling requirements to the labels approved by the Secretary of Agriculture under the PPIA.  (21 U.S.C. 467e.)  Defendant bears the burden of proving federal preemption and thus, when the issue is contested, must prove that the Secretary… Read More