Remedies

This decision upholds a Workplace Violence Prevention injunction issued against a perennial attendant at LA City Council meetings who threatened a city attorney who advised the Council at those meetings. The defendant made threats against the attorney.  He put swastikas and KKK symbols on public comment cards at the Council meetings, indicated he thought the attorney was Jewish, and repeatedly… Read More

The district court erred in entering a nationwide injunction against the Trump Administration's unlawful restrictions on federal grants to localities, requiring them to forego the grants or foreswear their "sanctuary" statutes or ordinances.  The only plaintiffs in this case were San Francisco and California.  They suffered injury only within California, and they could be restored to their rightful position by… Read More

The trial court erred in granting a temporary restraining order on an ex parte basis in this case.  The declaration supporting the request for the TRO did not present admissible evidence of any impending emergency that required relief on an ex parte basis, as opposed to a noticed motion.  The case challenged the Governor's emergency order regarding voting by mail… Read More

A cost award entered after entry of voluntary dismissal without prejudice is appealable as a final judgment in its own right. Read More

Plaintiff stated a viable claim for unjust enrichment after it contracted with a property owner to appeal property tax assessments in return for 30% of any resulting refund, but the property was foreclosed upon by defendant before the tax refund came through. Read More

An innocent recipient is liable to the victim if, at the time he receives stolen money from a thief, he has reason to suspect the money was stolen. Read More

Plaintiff contractor was entitled to recover its bid preparation costs on a promissory estoppel theory after it obtained an injunction to stop the winning bidder from proceeding with work but did not receive the contract itself. Read More

If a party seeks a contractual attorney fee award as an adjunct to a judgment, the court determines the fee award on motion after entry of judgment; but if the party instead seeks attorney fees as an item of damage in a suit on the contract, the claim is an ordinary contract claim on which there is a right to… Read More

Because an injunction may not issue to enforce penal laws, a taxpayer action cannot be brought to enjoin public expenditures that allegedly are illegal solely because they violate a penal statute.  Read More

Defendant’s challenge to a settlement agreement clause providing for liquidated damages if defendant defaulted on its payment obligations required a fact-dependent determination from the trial judge, so it could not be raised for the first time on appeal.  Read More