The trial court erred in granting the defendant gun shop summary adjudication of plaintiff gun shot victim's negligence per se claim based on sale of the gun to an 18-year-old who did not possess a valid, unexpired hunting license. See Pen. Code 27510.) Though "valid, unexpired" was ambiguous as to whether it included a valid license before its effective date,… Read More
This decision affirms a $7 million judgment, including $6 million in punitive damages, against an employer for firing plaintiff in violation of Lab. Code 1102.5(c) (which prohibits adverse employment action in retaliation for a refusal to work reasonably perceived to violate a local, state or federal rule or regulation) and 232.5 (which prohibits retaliation for reporting working coinditions). Plaintiff was… Read More
Plaintiff filed a 1983 action against a police officer claiming that he had violated his federal civil rights by killing a man who was a father figure to him. On the defendant's motion, the district court dismissed the action finding that the plaintiff lacked Article III standing because plaintiff did not allege any not allege amy custodial, biological, or legal… Read More
Fire insurance policies must be written on the statutory form that includes a one-year from inception of loss (semi-contractual) statute of limitations. This decision holds that the insured cannot circumvent that limitations provision by bringing suit under the UCL for an injunction against denial of insurance coverage under similar circumstances. To have standing to sue under the UCL, the plaintiff… Read More
Disagreeing with Muller v. Fresno Community Hospital & Medical Center (2009) 172 Cal.App.4th 887, this decision holds that the California Supreme Court has not abandoned its requirement that for an order to be appealable under the collateral order doctrine, the order must direct payment of money or performance of an act. That requirement remains a restriction on collateral order appeals… Read More
Herbal sued defendant for Lanham Act violations, an intentional tort. Accordingly, the court applied the Calder effects test to determine whether Arizona could assert personal jurisdiction over the defendant. Defendants purposefully directed their tortious activities toward Arizona by selling to Arizona residents on an interactive website. The alleged harm arose from those sales, among others. And Herbal's pre-suit cease-and-desist letters… Read More
Applying Ixchel Pharma, LLC v. Biogen, Inc. (2020) 9 Cal. 5th 1130 to an at-will employment contract, this decision holds that to assert a tort claim for inducing breach of the contract, the plaintiff must allege independently wrongful conduct. Here, plaintiff could not do so. He lacked antitrust standing to rely on the antitrust violation that he had alleged as… Read More
To have standing to sue for an antitrust violation, the plaintiff must allege an injury arising from the aspect of the alleged antitrust violation that causes the evil at which the antitrust laws are aimed; namely, a reduction in competition. Here, the alleged violation was a pre-merger agreement between the merging entities not to compete for each other's customers before… Read More
The owner and subscriber of a phone with a number listed on the Do-Not-Call Registry has suffered an injury in fact sufficient to confer Article III standing when unsolicited telemarketing calls or texts are sent to the number in alleged violation of the Telephone Consumer Protection Act even if the communications are intended for or solicited by another individual, and… Read More
Under CCP 414.10, anyone who is over 18 years old may serve a summons and complaint--except for a party. Here, plaintiff's service of the summons and complaint on the defendant was insufficient to give the court jurisdiction over the defendant. Hence, the ensuing default judgment agains the defendant was properly set aside under CCP 473(d) as void on its face. … Read More
This decision affirms an order amending a judgment to name an individual as an alter ego of the corporate defendant. There was evidence to support the trial court's finding that inequity would otherwise result. The judgment creditors had been unable to satisfy their judgments/ The individual had been CEO and owner of the corporation until judgment was entered against it. … Read More
If the judgment that is being enforced is an amended judgment, the 10-year time limit on its enforceability runs from entry of the amended judgment, not the original judgment. Read More
The trial court abused its discretion in holding that environmental protection parties were not entitled to attorney fees against a homeowner's association under CCP 1021.5 under the Adoption of Joshua S. (2008) 42 Cal.4th 945 exception. That exception is narrow; it applies only to parties that litigate purely private matters that happen to raise issues of public importance. It does… Read More
The trial court did not abuse its discretion in holding that a plaintiff homeowners association was not entitled to private attorney general fees under the catalyst theory. To prevail on that theory, the court must find that the plaintiff's lawsuit was a material factor that contributed in a significant way to the defendant's adopting a changed plan or conduct that… Read More
Following Tsasu LLC v. U.S. Bank Trust, N.A. (2021) 62 Cal.App.5th 704, this decision applies CCP 764.060 according to its clear terms, holding that the lien of Ridec an encumbrancer for value and without actual or constructive knowledge could not be expunged in favor of a defendant named in a prior in rem quiet title suit but never properly served. … Read More
An order allowing a plaintiff to withdraw from arbitration under CCP 1281.98(b) because the defendant has not timely paid arbitration fees is appealable because it overrides the earlier court order compelling arbitration and operates effectively as a denial of the motion to compel. Read More
Defendant employer did not pay its arbitration fees within 30 days after their due date. Under CCP 1287.98, plaintiff therefore had and exercised the right to withdraw his claim from arbitration and pursue it in court. The arbitrator or arbitration administrator had no power to avoid the effect of defendant's nonpayment by extending the due date after defendant's default. Also,… Read More
This decision holds that the trial court erred in granting defendant summary judgment against plaintiff's claim to quiet title to a railroad easement across plaintiff's property benefiting defendant's parcel. Plaintiff claimed the railroad had abandoned the easement. Abandonment depends on cessation of use of the easement for permitted purposes and the easement owner's intent not to use the easement in… Read More
A judgment creditor may recover costs and fees incurred in enforcing the judgment by either filing a memorandum of costs including both fees and costs or a motion for the award of costs and fees. The memorandum or motion must be filed within two years after the costs or fees are incurred and before the judgment is satisfied. The judgment… Read More
Federal legislation is presumed to apply only within the territorial jurisdiction of the United States unless Congress affirmatively and unmistakably instructs otherwise. Absent such an instruction, the court must determine the focus of congressional concern underlying the legislation and then determine whether the conduct relevant to that focus occurred in the US or elsewhere. Here, the focus of the Lanham… Read More
