California Appellate Tracker

The Rooker-Feldman doctrine applies and bars a federal court from reviewing a de facto appeal from a state court's judgment only when the federal suit complains of a legal wrong allegedly committed by the state court, and seeks relief from the judgment of that court.  However, if the plaintiff complains about harm caused by the opposing party, Rooker-Feldman does not… Read More

An insurer is not required to contribute to a different insurer's defense costs if that insurer assumed the defense voluntarily.  Here, Federal had issued an umbrella policy which did not attach if there was an unexhausted primary insurance policy covering the same loss.  Truck had issued such a policy and was brought into the defense late by the insured.  As… Read More

At least when tried in federal court, a claim for actual and statutory damages under the Unruh Civil Rights Act, Civ. Code 52(a) is an action at law in which the parties have a right to a jury trial under the 7th Amendment.  The most analogous claim when the constitution was adopted and in pre-merger of law and equity decisions… Read More

A public entity (school board) violated plaintiff's First Amendment rights by blocking him from posting on the social media (Facebook) it used to communicate with constituents about public issues.  The page was a public forum.  Blocking plaintiff from using the page altogether was an overly broad restriction of his free speech.  Less restrictive measures would serve the entity's interest in… Read More

Fraud, Corporate Fraud Compensation Fund, Judgment for Fraud, 1, 5 The Corporate Fraud Compensation Fund, administered by the Secretary of State, compensates victims of corporate fraud in amounts of up to $50,000 per victim or victim couple.  Corp. Code 2280 et seq.  To obtain compensation, a victim must first obtain a final judgment in a court of competent jurisdiction against… Read More

An employer's arbitration clause that excluded from arbitration representative claims under PAGA excluded all PAGA claims from arbitration, both "individual" claims that the plaintiff employee could assert on his own behalf and those her asserted on behalf of other employees.  The arbitration clause had been entered into before Viking River, at which point it was settled California law that all… Read More

Defendant forfeited any challenge to CACI 423 by not raising an objection to that instruction, as modified, during the court's conference with the attorneys to settle on the jury instructions and by not objecting when the court read that jury instruction to the jury. Read More

In a wrongful death action in which the jury decided only whether defendant was negligent and whether its negligence caused the plaintiff's son's death, the defendant waived any challenge to the sufficiency of the evidence by admitting in closing argument that mistakes were made. Read More

CCP 1281.98, which allows the plaintiff to opt out of arbitration if the defendant doesn't pay the arbitrator's fees within 30 days, is not preempted by the FAA.  Instead, section 1281.98 furthers the FAA's goal to require expeditious arbitration of disputes.  The statute gives the plaintiff the unilateral right to opt out of arbitration on non-payment of the arbitrator's fees. … Read More

Release, Public Policy, Gross Negligence, Summary Judgment Burdens, 1, 4 If the plaintiff in a personal injury suit alleges a gross negligence claim to avoid his pre-accident release of the defendant, the defendant in moving for summary judgment bears the burden of establishing it was not grossly negligent.  However, if the complaint alleges a simple negligence claim without mentioning the… Read More

Employment, Wage & Hour, Prospective, Revocable Waiver Of Meal Break Enforceable, 1, 4 Under Lab. Code 512, if a work shift is more than 5 but less than 6 hours long, the otherwise required meal break may be waived by mutual consent of the employer and employee.  This decision holds that so long as the employer does not coerce assent… Read More

Pensions, Suit Against Fiduciary, Transactions with Parties in Interest, Exemptions, Pleading, 5, 4 ERISA (29 USC 1106) generally prohibits pension plan trustees from causing the plan to engage in an arrangement for the furnishing of goods, services, or facilities to the plan by a party in interest.  However, 29 USC 1108 exempts from that prohibition reasonable contractual arrangements with a… Read More

Employment, Wage & Hour Regulation, PAGA, Limitations, Suit On Behalf Of Other Employees, 1, 4 A PAGA suit to collect statutory penalties is governed by CCP 340(c)'s one-year limitations period.  If that one-year limitations period has expired before the named plaintiff files suit, that plaintiff may not sue to collect statutory penalties on behalf of other employees as to whom… Read More

Jurisdiction, Personal, Internet, Invasion of Privacy of California Shoppers, Calder Test, 2, 4 Defendants operate a web-based payment processing platform offered to merchants nationwide.  Plaintiff alleged that defendants violated California's privacy laws by installing cookies on their cellphones when they purchased goods from the merchants defendants serviced.  The cookies obtained customers' personal data which defendant then sold to third parties… Read More

Admin Law, Public Records, No Class Action Allowed, 1, 4 The California Public Records Act does not allow for class actions.  Instead, Gov. Code 7923.000 et seq. allow for individual suit by the person whose request for public records has been improperly denied and do not allow one person to enforce another person's inspection rights. Read More

Fraud, False Informational Tax Return, Tax Preparer Liability, 1, 4 Recognizing a split of federal authority on the question, this decision holds that the person or entity preparing an informational tax return may be held liable under 26 USC 7434, as well as the tax return filing entity, for willfully filing a fraudulent information return (1099 or 1098 form). Read More

Contracts, Limitation of Liability, Intentional Tort< Civil Code 1668, 1, 4 This decision holds that Civil Code 1668 denies enforcement to a contractual limitation of liability clause limiting the amount and types of damage (i.e., no consequential damages or lost profits damages) insofar as the clause applied to plaintiff's claims for  intentional interference with prospective economic advantage, which the court… Read More

Arbitration, Non-Parties Compelling Arbitration, FINRA Arbitration, "Customer," 2, 4 Under FINRA Rule 12200, a "customer" of a FINRA member may commence FINRA arbitration against the member.  A “customer” under FINRA Rule 12200 includes any non-broker and non-dealer who purchases commodities or services from a FINRA member or its associated person.  Oppenheimer's "associated person" Woods ran a Ponzi scheme.  Mitchell invested… Read More

On remand from the Ninth Circuit, the district court ordered CashCall to pay $134 million in legal restitution.  The decision holds that CashCall made a knowing, voluntary waiver of its right to a jury trial of the restitution amount even though, at the time, the CFPB was arguing that its restitution claim was equitable, not legal.  CashCall was not confused about… Read More

A party moving for summary judgment bears the burden of presenting a coherent theory of why it is entitled to judgment based on the evidence it submits in support of its motion.  Here, defendant did not satisfy that burden.  Plaintiff sued it in negligence for a personal injury she suffered when she tripped on a pothole in defendant's parking lot. … Read More