California Appellate Tracker

Interpreting a nondisclosure agreement under English law, this decision holds that a clause stating that "this agreement shall terminate on a date 2 years from the date hereof" ended the entire agreement after two years, including the defendant's obligation not to disclose the trade secret information it had learned from plaintiff during the existence of the agreement.  This interpretation was… Read More

Under Fed. R. Civ. P. 4(k)(2), when the plaintiff sues on a federal cause of action and the defendant is not subject to personal jurisdiction in any state's courts of general jurisdiction, the federal courts may exercise personal jurisdiction over the defendant if it has minimum contacts with the United States as a whole under the same generally applicable tests… Read More

This decision holds that an order directing the defendant to pay half the costs of certain depositions to determine the number of additional depositions needed to obtain a reliable statistical sample of the class of employees suing for missed meal and rest breaks is not appealable under the collateral order doctrine.  Though the order directed the payment of money and… Read More

A court may abstain from adjudicating a suit that seeks equitable remedies if granting the requested relief would require a trial court to assume the functions of an administrative agency, or to interfere with the functions of an administrative agency.  Here, plaintiff sought injunctive relief against a local water service district to prevent a particular employee from operating its water… Read More

California could not exercise specific personal jurisdiction over a Virginia law firm and its lawyers.  The lawyers had done nothing to avail themselves of California's benefits.  They had a website with minimum interactivity not directed to California residents in particular but rather to veterans throughout the country.  The lawyers had Virginia bar licenses, not California ones.  Though plaintiff (their client)… Read More

Under the federal recalcitrant witness statute, 28 U.S.C. § 1826(a), when a witness refuses to testify or provide other information, including documentary evidence, the court “may summarily order his confinement . . . until such time as the witness is willing to give such testimony or provide such information.”  This decision holds that section 1826 applies to post-judgment as well… Read More

Under CCP 338(a), a three-year limitations period applies to an action on a liability created by statute other than a penalty or forfeiture.  This decision holds that the commencement of the three year period under section 338(a) can be tolled under the common law delayed discovery rule. Read More

Under CCP 361, if the claim arose in a foreign state and is barred by that state's statute of limitations, it is barred in California unless the plaintiff has been a citizen of California continuously from the accrual of the claim to the present and held the cause of action the whole time.  Here, Louisiana citizens sued for injuries sustained… Read More

In the years leading up to his death, husband transferred real property from his separate ownership to joint tenancy with wife and also amended his will several times to her benefit.  Held, when Fam. Code 760 (all property held by a married person is presumed community property) conflicts with Evid. Code 662 (legal title owner is presumed to hold full… Read More

On appeal from a prior order on an Anti-SLAPP motion, the Court of Appeal directed the trial court to grant the motion as to certain paragraphs of one cause of action.  The trial court then granted the defendant's motion for judgment on the pleadings, but with leave to amend.  Plaintiff's amended complaint again alleged some of the protected conduct which… Read More

Under Civil Code 4740(a), an amendment to CC&Rs prohibiting the leasing or rental of units within a common interest development are not effective against those who acquired  their ownership of property within the development before the amendment was adopted.  This decision holds that the section applies to an amendment banning short-term rentals or leases, not just provisions that ban all… Read More

Defendant instituted a policy requiring public housing tenants to post a $180 deposit to commence water service whereas all others needed only a $55 deposit.  Plaintiff sued, claiming disparate impact discrimination in housing.  To make a prima facie case on that claim, plaintiffs had to (1) the existence of a policy, not a one-time decision, that is outwardly neutral; (2)… Read More

An employer that gives preferential treatment toward a supervisor’s sexual or romantic partner does not thereby discriminate on the basis of sex against other employees of the same sex as the paramour because it doesn't satisfy Bostock v. Clayton County (2020) 140 S. Ct. 1731's test--would employer have acted differently if employee was of the opposite sex.  As used in… Read More

Romero drove a truck for defendant employer entirely within the boundaries of California, but he delivered goods that had been shipped by interstate transportation.  Therefore, was a worker engaged in interstate commerce to whose contract of employment the FAA does not apply.  9 U.S.C. 1.  The FAA's exemption of employment contracts of workers in interstate commerce is not waivable.  So… Read More

Both parties supply temporary nurses to hospitals.  Plaintiff entered into a contract with defendant to supply nurses when defendant couldn't fill orders from its own supply of nurses.  The contract contained a clause prohibiting plaintiff from soliciting defendant's employee-nurses to work for plaintiff rather than defendant.  This decision holds that the non-solicitation clause is an ancillary restraint to be analyzed… Read More

Ordinarily, a person who hires an independent contractor is not liable for injuries suffered by the contractor's employees on the job.  Privette v. Superior Court (1993) 5 Cal.4th 689.  In Kinsman v. Unocal Corp. (2005) 37 Cal.4th 659, the court held that a landowner who hires an independent contractor can be held liable for injuries to workers caused by latent… Read More

An Anti-SLAPP motion to strike under CCP 425.16 may only be brought against causes of action seeking affirmative relief, not against defensive pleadings such as affirmative defenses.  Like any other affirmative defense, an offset is not subject to an Anti-SLAPP motion to strike. Read More

This decision affirms a district court order dismissing a defamation suit under Cal. Code Civ. Proc. 425.16.  Maddow was a TV personality and host of a program espousing liberal political views.  In one program she expressed glee over a report by another news organization that one of Herring's ultra-conservative commentators was being paid by the Kremlin for propaganda.  The speech… Read More

Class action settlements reached before class certification face a high hurdle to approval.  Here, the district court abused its discretion in approving a settlement of claims that Tinder violated the Unruh Civil Rights Act (Civ. Code 52) by charging those over 29 more to use its premium services than younger users.  The district court undervalued the worth of the claims… Read More

A director of a nonprofit public benefit corporation who brings an action on behalf of that corporation loses standing to pursue its claims if the director is not reelected to the office of director at any point during the litigation.  Here, plaintiff was not re-elected, lost standing, and his suit was properly dismissed. Read More