Skip to Content (Press Enter)

Skip to Nav (Press Enter)

Remedies

Subscribe to California Appellate Tracker

Thank you for your desire to subscribe to Severson & Werson’s Appellate Tracker Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

Under McGill v. Citibank, N.A. (2017) 2 Cal.5th 945, the trial court properly denied defendant's motion to compel arbitration because the arbitration clause forbade award of a public injunction in any forum.  Contrary to the defendant's argument, its arbitration agreement did not authorize the arbitrator to award a public injunction.  It provided instead that arbitration is to be “conducted only… Read More

Under Fam. Code 6342(a)(1), a trial court may award "restitution be paid to the petitioner for loss of earnings and out-of-pocket expenses, including, but not limited to, expenses for medical care and temporary housing, incurred as a direct result of the abuse inflicted by the respondent in a Domestic Violence Prevention Act proceeding.  This decision holds that "restitution" in this… Read More

Part of the Healthy Workplaces, Healthy Families Act of 2014, Lab. Code 248.5(e) provides that  “any person or entity enforcing this article on behalf of the public as provided for under applicable state law shall, upon prevailing, be entitled only to equitable, injunctive, or restitutionary relief ."  This decision holds that "enforcing this article on behalf of the public" refers… Read More

Reasoning that Kirkeby v. Superior Court (2004) 33 Cal.4th 642 impliedly overruled BGJ Associates v. Superior Court (1999) 75 Cal.App.4th 952, this decision holds that when a plaintiff seeks to impose a constructive trust on specific property so as to become (again) the owner of that property wrongfully taken from him, the action "affects title to real property" sufficiently so… Read More

While this petition for mandamus and suit for injunctive relief was pending, the Legislature amended Gov. Code 54237.9 to require the Department of Transportation to sell homes it has bought to make way for freeways at the original purchase price without adjustment for inflation.  Since this suit sought only prospective relief--sale of the homes at the original purchase price without… Read More

The parties' arbitration provision said that "except for claims seeking injunctive or other equitable relief," the parties agreed to arbitrate any dispute between them.  Plaintiff filed suit including among others claims for specific performance, rescission, and violation of the UCL.  This decision holds that all of those claims are equitable or seek equitable relief and thus are not arbitrable under… Read More

This decision dismisses as moot a suit that a taxpayer brought seeking to enjoin a program for granting emergency aid to undocumented aliens in California during the COVID pandemic.  The program proceeded while the case was pending.  All the program's money was spent.  There is no way to get the money back and no realistic threat that the program will… Read More

This decision dismisses defendant's appeals from several trial court orders under the appellate disentitlement doctrine.  Defendant had refused to obey a long string of court orders in this long running dispute over a construction contract for defendant's casino.  Defendant refused to obey an order compelling arbitration.  Then it got an injunction against arbitration from its own newly formed tribal court,… Read More

This decision holds that the district court erred in denying Comcast's motion to compel arbitration even though its arbitration clause precluded customers from litigating public injunction claims in any forum.  First, the decision holds that the mere presence of the clause in the arbitration agreement does not automatically invalidate the arbitration agreement for all purposes--but rather only in cases that… Read More

A court may abstain from adjudicating a suit that seeks equitable remedies if granting the requested relief would require a trial court to assume the functions of an administrative agency, or to interfere with the functions of an administrative agency.  Here, plaintiff sought injunctive relief against a local water service district to prevent a particular employee from operating its water… Read More

An appeal automatically stays a mandatory injunction, but not a prohibitory injunction.  Here, the trial court ordered the San Bernardino Board of Supervisors to remove and replace one of its sitting members based on the trial court's finding that the board had violated the Brown Act (Gov. Code 54950) requiring open meetings.  A mandatory injunction is one that commands a… 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

1 2 3