California Appellate Tracker

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

Distinguishing Hutcheson v. Eskaton FountainWood Lodge (2017) 17 Cal.App.5th 937, this decision holds that a durable power of attorney that did not follow the statutory form granted the agent authority to agree to arbitration of disputes between the principal, an ailing elder, and the elder care facility to which she had been transferred.  The power of attorney specifically allowed the… Read More

As in Turrietta v. Lyft, Inc. (2021) 2021 Cal. App. LEXIS 815, the plaintiff in a parallel wage and hour case appealed from an order approving a class action and PAGA claim settlement.  Contrary Turrietta, but without citing it, this decision holds that even though he opted out of the class, the objector had standing to appeal from the final… Read More

Following Dennison v. Rosland Capital LLC (2020) 47 Cal.App.5th 204 and other decisions, this opinion holds that a clear delegation clause, letting the arbitrator decide arbitrability questions was rendered ambiguous and ineffective by a severance clause that referred to an arbitrator or court finding any portion of the arbitration unenforceable.  The arbitration clause in an employment setting was unconscionable as… Read More

The district court erred in holding that this class settlement was not a coupon settlement within CAFA's meaning (see 28 USC 1712.  The settlement gave class members $36 or higher vouchers for defendant's services or products.  The relatively low amount of the smallest vouchers and limited (251) number of products or services they could purchase, showed these were coupons even… Read More

So long as the landlord does not contract with them and does not demand or accept rent from them, the landlord need not let subtenants cure the tenant's rent default.  Accordingly, the landlord's 3-day notice to quit served on the subtenants was proper though it did not offer them the alternative of curing the tenant's rent default.  Also, under San… Read More

Plaintiff and defendant were a married couple living in Georgia.  While on a visit to California, husband assaulted and battered wife.  The requirements for California to exercise specific jurisdiction over a nonresident defendant are satisfied when the defendant travels to California and commits a tort while in California--if the suit arises from that tort. California has an interest in deterring… Read More

The Catholic church has a special relationship with minor parishioners who are in its custody and control when attending catechism classes or other church-sponsored programs, on church premises or elsewhere.  The Rowland factors provide no reason to immunize the church from owing a duty of care to protect such parishioners from sexual abuse by priests or other church employees.  That… Read More

Mentioning an existing lawsuit in the debtor's statement of affairs is insufficient.  The claim must actually be listed as an asset in the debtor's schedules.  Otherwise, the claim is "unscheduled" and is not abandoned when the bankruptcy trustee decides it is a no asset estate and the bankruptcy court discharges the debtor and closes the case.  Accordingly, here, where plaintiff… Read More

University did not deny male student fair process when it suspended him for two years for unconsented sex with another student without holding a hearing at which the male student could cross-examine the female victim.  Where credibility is crucial, a hearing and cross-examination may be required, but here, the male student's own account of the evening and the female student's… Read More

Lacy, an employee, filed a complaint with the state Department of Labor claiming her employer, Crestwood, had retaliated against her in violation of Lab. Code 98.7 for complaining about having been assaulted at work.  The DLSE commenced an investigation of the complaint.  Meanwhile, Crestwood filed a petition to compel arbitration under the arbitration clause in Lacy's employment contract.  The trial… Read More

Agreeing with decisions from many other districts, this decision holds that an employer cannot compel arbitration of its worker's PAGA claim, as the claim is by the state, not by the worker who signed the arbitration agreement.  Iskanian v. CLS Transportation (2014) 59 Cal.4th 348 remains good law and was not undermined by Epic Systems Corp. v. Lewis (2018) 138… Read More

In a FEHA suit, a prevailing defendant may not recover its fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.” (Gov. Code, § 12965(b).)  The employer may compel arbitration of FEHA claims, but only if the arbitrator may award any remedy a… Read More