Remedies

The trial court erred in granting relief from a default judgment under CCP 473's attorney fault provision.  That provision permits relief only when the attorney error causes the client's default to be entered, not when, as in this case, the error occurs after entry of default and before entry of a default judgment.  This is true even in a quiet… Read More

Compensation for expected but unearned future income to which the plaintiff has no legal entitlement is not recoverable as restitution under the UCL, regardless whether it is characterized as lost market share. Lost profits are damages, not restitution, and are unavailable in a private action under the UCL.  Here, the trial court properly dismissed plaintiff optometrist's UCL claim against a… Read More

In determining the constitutionally permissible ratio of actual to punitive damages, the court may take into account actual harm which cannot be compensated for by an award of actual damages.  Here, for example, the plaintiff suffered emotional distress when her employment was terminated and her employer told her she was fired for poor performance when the real reason was that… Read More

BPI was a subcontractor on a public works project.  The department found that BPI had not been paying its workers at the prevailing wage rate and issued a Civil Wage Penalty Assessment for the underpaid wages plus a statutory penalty.  BPI claimed the general contractor was at fault for misinforming it about the prevailing wage rate.  After BPI filed a… Read More

Disagreeing with Lafferty II and Spikener, this decision holds that "recovery" as used in the FTC Holder Rule includes only damages, not attorney fees, and so the consumer may recover unlimited attorney fees against the holder of his or her contract on claims against the dealer.  The decision also concludes that the FTC 2019 interpretation of the Holder Rule's second… Read More

Under the Religious Freedom Restoration Act (42 USC 2000bb-1, 2000bb-2) allows a private right of action for "appropriate relief" against a "government," a term defined to include an official or other person acting under color of law of the United States.  This decision holds that the definition of "government" expands the term's normal meaning to include officials in their individual… Read More

Debtor abusively filed an earlier bankruptcy on behalf of a business entity, voiding a nonjudicial foreclosure sale of the entity's real property held the same day.  In debtor's later personal bankruptcy, creditor filed a claim, contending it was entitled to damages from the debtor on state law claims for abuse of process and tortious interference with business relations based on… Read More

One owed a fiduciary duty can choose his remedy against the fiduciary for breach of that duty.  If the one owed the duty sues at law, it may recover damages and must show that it was harmed.  If the one owed the duty sues in equity, however, it may recover disgorgement of the fiduciary's secret profits without showing it was… Read More

A preliminary injunction properly issued to require Uber and Lyft to stop misclassifying their drivers as independent contractors.  Under the ABC test adopted in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 and AB5 (Lab. Code 2775), one who provides labor or services for pay is presumed to be an employee unless the hiring entity proves all… Read More

When a government entity sues and seeks a preliminary injunction to halt violation of a statute, it need only show a reasonable probability of success on the merits, and then a rebuttable presumption arises that public harm from the violation outweighs harm to the defendant from the injunction. (IT Corp. v. County of Imperial (1983) 35 Cal.3d 63.)  To overcome… Read More