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California Appellate Tracker

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An order denying a motion for a judicial reference is not an appealable order even when made as an alternative to a motion to compel arbitration.  Here, the parties' agreement provided for arbitration of disputes with the exception of those involving debts secured by California real property, and as to those provided that either party could demand a judicial reference… Read More

Under CCP 664.6, the court may, if the section's conditions are met, enter judgment enforcing the parties' settlement.  However, that judgment must state all terms of the settlement agreement that have not yet been fully performed.  The judgment can do nothing else.  If the settlement reserves jurisdiction in the court to enforce the settlement, the court may, after entering judgment… Read More

The district court abused its discretion in setting the hourly rate based solely on the amounts awarded the same attorney in prior decisions in other cases while rejecting his affidavits regarding hourly rates of other attorneys prosecuting similar types of actions. No. 16-16179, 2019 U.S. App. LEXIS 27491 (9th Cir. Sep. 12, 2019) Read More

Section 230 of the Communications Decency Act (47 USC 230(c)(2)) grants immunity from liability to an interactive service provider for providing the means of restricting access to materials that are of a violent or sexual nature or is “otherwise objectionable.” This decision holds that "otherwise objectionable" is not broad enough to encompass software that is objectionable only because it is… Read More

Labor Code sections 558 and 1197.1, allow the Labor Commissioner to sue for set civil penalties in addition to an amount sufficient to recover underpaid wages if an employer fails to pay overtime wages or minimum wages as required by California law.  This decision holds that in a PAGA suit, the employee plaintiff may recover only the set civil penalty… Read More

Flying into a tirade at a 13-year-old girl who had been drugged and raped and yelling at her that she was stupid and it was her fault is extreme and outrageous conduct that exceeds that bounds of decency tolerated in a civilized community and so the tirade supports a claim for intentional infliction of emotional distress.  To make matters worse,… Read More

Probate Code 859 provides for an award of double damages if the court finds that the defendant son has in bad faith wrongfully taken . . . property belonging to a . . . dependent adult, . . .  or has taken . . . the property by the use of undue influence in bad faith or through the commission… Read More

This decision affirms a JNOV entered after the jury awarded the tenant $600,000 for an eviction on an owner-move-in, alleged to have been in bad faith in violation of San Francisco's rent control ordinance.  The decision holds the "good faith" for this purpose relates only to the owner's  desire to occupy the apartment as his or her primary residence on… Read More

The trial court did not abuse its discretion in denying the defendant's motion to dismiss two of the consolidated cases for failure to bring them to trial within five years.  Even though plaintiffs could have taken these defendants' defaults since they hadn't answered, the court could reasonably conclude that these complex consolidated actions could not have been prosecuted to judgment… Read More

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