Damages

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

Following Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 and Pebley v. Santa Clara Organics, LLC (2018) 22 Cal.App.5th 1266,  this decision holds that a plaintiff who has medical insurance but chooses to use out-of-plan doctors for his care is treated for damage purposes as if he were uninsured and may submit the doctors' bills as evidence… Read More

The trial court properly denied plaintiff prejudgment interest as the basis for computation of its damages was disputed.  It sought to hold defendants jointly and severally liable for defense costs in an underlying lawsuit.  It recovered much smaller several damages limited to costs of defending against claims arising from each defendant's own work. Read More

Disagreeing with Pulte Home Corp. v. CBR Electric, Inc. (2020) 50 Cal.App.5th 216, this decision holds that while an insurer's right to proceed on its insured's claim under the doctrine of equitable subrogation is an equitable claim as to which there is no right to a jury trial, if the claim to which the insurer successfully becomes subrogated is a… Read More

Narrowly interpreting and correcting Copenbarger v. Morris Cerullo World Evangelism, Inc. (2018) 29 Cal.App.5th 1, this decision holds that proof of attorney fees as damages under the tort of another doctrine follows the same rules of proof of other types of expenses as damages.  The plaintiff's testimony that she received and paid the bill is sufficient prima facie proof of… Read More

In a case involving a retaliatory firing of a deputy fire marshal, the appellate court affirms the judgment finding the defendant city liable, but reverses the award of $2 million for past noneconomic damages and $1.5 million in future noneconomic damages as excessive given the slight evidence of emotional distress, the fact that plaintiff found other employment, the fact that… Read More

The Federal Housing Finance Agency's structure is unconstitutional in providing that the President can remove the head of that agency only for cause.  However, that fact does not invalidate the acts taken by the FHFA's head or entitle shareholders of Fannie Mae and Freddie Mac to damages unless they can prove that the restriction on the President's power (as opposed… Read More

In a personal injury action, a plaintiff must, before entry of a default serve the defendant with a statement of damages by the same means as the plaintiff served the summons and complaint.  Here, service by publication had been authorized.  Plaintiff could and did properly serve the statement of damages by publication without an additional order permitting service of the… Read More

Civ. Code 3287(b) gives the trial judge broad discretionary power to award prejudgment interest in contract cases even when the damages are not certain or capable of being made certain.  Uncertainty of damages alone would not be a proper reason to deny discretionary prejudgment interest under section 3287(b), but here, the trial judge also relied on the fact that the… Read More

The trial court properly admitted HP's expert's lost profits opinion.  Unlike the plaintiff in Sargon Enterprises, Inc. v. University of Southern California (2012) 55 Cal.4th 747, HP was an established business.  The expert had based his opinion on HP's past performance data and considered multiple variables including new product offerings by competing manufacturers.  The expert's projection of lost profits five… Read More