California Appellate Tracker

Following Ankenbrandt v. Richards (1992) 112 S.Ct. 2206, this decision states that the domestic relations exception to federal diversity jurisdiction is narrow, applying only to claims that seek issuance or modification of a divorce, alimony or child custody decree.  However, this case fell within that narrow exception.  Ex-wife's complaint alleged that ex-husband had concealed his interest in a corporation so… Read More

The trial court properly found MoneyGram's arbitration clause unconscionable and denied its motion to compel arbitration.  The clause was procedurally unconscionable as it appeared in nearly illegible 6 pt type on the back of a money transfer order form.  It was also an adhesion contract.  To prove procedural unconscionability, plaintiff didn't have to show a lack of alternatives in the… Read More

After the Court of Appeal decided in Hollingsworth v. Superior Court (2019) 37 Cal.App.5th 927 that the trial court, having first acquired jurisdiction, should decide whether the Workers Compensation Appeals Board had exclusive jurisdiction over this worker's injury suit--a question that turned on whether the employer had workers compensation insurance coverage at the time plaintiff was injured.  The plaintiff had… Read More

Huy Fong bought peppers from Underwood to manufacture Srirache sauce.  As Huy Fong's sale grew, it repeatedly urged Underwood to increase its acreage devoted to peppers, promising that Huy Fong would buy all the peppers Underwood produced while concealing its plan to start a competing business from which it would buy all its peppers.  Substantial evidence supported the jury verdict… Read More

It is misconduct for counsel to argue to the jury that there is no evidence on an issue when he knows that such evidence exists but was excluded at his request.  Here counsel exacerbated that misconduct by telling the jury that the court's admonition to ignore the arresting officer's statement about defendnat's intoxication showed the testimony was nothing but a… Read More

In an FEHA case, a prevailing defendant is entitled to ordinary court costs, as well as attorney fees, only in the trial court's discretion which must be exercised under the Christiansburg standard, allowing a fee or cost award to the defendant only when the plaintiff's suit is found to be objectively meritless, frivolous or without foundation.  That standard applies to… Read More

The statute of limitations on a claim of quid pro quo sexual harassment starts running only when the employee knows or reasonably should know of the employer's decision not to promote him or her.  Any period of time during which the employer's decision is not disclosed or otherwise made known to the employee does not count against the limitations period. Read More

Under the PSLRA, the district court must select the plaintiff (and attorney) to represent the plaintiff investor class.  At step one notice of the action is posted so class members can move to be named the representative plaintiff.  Groups of class members may join to pool their purchases and make a joint bid to be the representative plaintiffs.  At step… Read More

A temporary judge to whom the parties to this divorce proceeding had stipulated violated his ethical duties by failing to promptly disclose to wife that he had been employed, after first being appointed to this case, as a neutral in two new cases in which husband's lawyer was an attorney for one of the parties.  Under the Code of Judicial… Read More

Following Wiley v. County of San Diego (1997) 19 Cal.4th 532, this decision affirms dismissal of a malpractice complaint against a criminal defense attorney.  The plaintiff alleged that due to the attorney's negligent representation, plaintiff ended up agreeing to pay civil tax fraud penalties as part of a plea bargain in a criminal tax fraud prosecution.  To sue the defense… Read More

Following Kim v. Reins Internat. California, Inc. (2020) 9 Cal.5th 73, this decision holds that the fact that the plaintiff's individual claim is time-barred does not prevent him from bringing a PAGA action to collect civil penalties as to the employer's Labor Code violations as to other employees within the limitations period.  Lab. Code 2699(c) requires only that the plaintiff… Read More

Disney entered into a contract with Gilkyson for him to compose the song "The Bare Necessities."  The contract provided that the song would be a work-for-hire to which Disney would own the copyright.  Disney was to pay Gilkyson $1,000 up front, plus 5 cents for each sheet music copy sold and "50% of the net amount received by our music… Read More

Like several other decisions, this one concludes that later U.S. Supreme Court opinions have not overruled or cast doubt on Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348.  It remains true that an employer cannot compel an employee to arbitrate a PAGA claim and that the FAA does not preempt that rule. Read More

Under Parker Drilling Management Services, Ltd. v. Newton (2019) 139 S.Ct. 1881, state law supplements federal law governing matters on the outer continental shelf only to the extent that there is a gap in federal law.  If federal law already addresses the issue, it excludes state law.  This decision holds that the FLSA addresses the issue of meal and rest… Read More

Under CCP 2025.295, the deposition of a plaintiff can take no longer than 7 hours if (a) the action is for injury or illness from mesothelioma, and (b) a doctor certifies that the plaintiff suffers from mesothelioma raising a substantial medical doubt that plaintiff will survive beyond six months.  If more than 20 defendants appear at the deposition, the court… Read More

The trial court did not abuse its discretion in denying plaintiff's motion for an attorney fee award on the ground that neither party had prevailed in the action.  Plaintiff tenant sued his landlord, asked the jury to award him $200,000 but recovered a jury verdict of only $6,450.  In view of plaintiff's recovery of such a small percentage of the… Read More

To validly register a trademark with the USPTO, the applicant must file a declaration attesting that the mark is in use in commerce, by which is meant bona fide use of the mark in the ordinary course of trade, and not made merely to reserve a right in a mark.  Use in commerce requires both actual use and display of… Read More

The res judicata/collateral estoppel effect of a post-foreclosure unlawful detainer judgment extends only to proper conduct of the trustee's sale, not to claims of earlier wrongs committed by the lender that purportedly led eventually to the foreclosure.  Thus, here, the unlawful detainer judgment against the borrowers did not preclude them from later suing on a claim that the lender had… Read More

Trader Joe's label on honey saying "100% New Zealand Manuka Honey" was not false advertising in violation of the UCL.  Under FDA honey guidelines, a honey label may indicate the flower of origin of the honey if the producer has reason to believe that the designated flower is the chief floral source of the honey.  Here, Trader Joe's had evidence… Read More

The trial court did not abuse its discretion in deeming plaintiffs the prevailing parties, entitled to an attorney fee award under Civ. Code 5975(c).  Plaintiffs sued their homeowners association, claiming it had not complied with the CC&Rs' requirement for homeowner approval in connection with its plan to erect a traffic light at the gate immediately adjacent to plaintiffs' property.  After… Read More