A testator’s gift of "all my estate" to two individuals made them both residuary recipients; when one predeceased the testator and was an aunt by marriage (hence not “kindred”), her share of the residue was distributed to the other residuary beneficiary, not the predeceased aunt's heirs. Read More
A trial court did not abuse its discretion in awarding statutory attorney fees to plaintiff after she prevailed in a trespass action; despite a small damage award, the plaintiff won important equitable relief enforcing her property rights against a defendant. Read More
A university does not owe a non-student a duty of care with respect to physical safety at unsponsored, unauthorized third party activities off-campus such as a fraternity party, even if the university exercises some minimal control through university policies and police patrols. Read More
A debtor is entitled to attorney fees on appeal under 11 USC 362(k) when the debtor appeals and obtains reversal of a fee award under that section. Read More
Because the transcript showed the City learned nothing significant or prejudicial during a coerced interview by the police and City Attorney, the City Attorney should not have been disqualified. Read More
If injured on the job, a borrowed employee’s sole recourse is to claim benefits under the Longshore & Harbor Workers Compensation Act, he or she cannot sue the borrowing employer in tort. Read More
An insurer did not act in bad faith by denying an uninsured motorist claim because the insured had not pursued her worker’s compensation claim, based on the same accident, to completion. Read More
Although she taught a standard half-hour religion course each day, a fifth-grade teacher at a Catholic school was not a “minister” and so could sue the school for violating the Americans with Disabilities Act by firing her after it learned she was diagnosed with cancer. 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
Trial court prejudicially erred in giving a special jury instruction that in determining whether the city's failure to repaint a faded cross-walk and maintain bushes was negligent, the jury could not consider the condition of the adjacent property or the design of the intersection. Read More
Trial court correctly compelled arbitration of plaintiff’s medical malpractice claim, after it was unpersuaded by plaintiff’s argument that she didn’t see or read arbitration warning in her contract with the physician. Read More
A provision in a homeowners' association's covenants, conditions, and restrictions that banned "any business or commercial activity" did not prevent a homeowner from maintaining a vineyard on his property, since the CC&R in question should be interpreted to promote its evident purpose of maintaining the residential character of the neighborhood, not so as to impose any added restrictions not needed… Read More
A purchaser at a foreclosure sale must perfect its title in the property by recording a trustee's deed upon sale before serving the occupant(s) with a 3-day notice to quit—not merely before filing/serving an unlawful detainer action. Read More
Trial court properly declined to certify a class in putative wage and hour class action brought by property inspectors because even though common questions predominated, the plaintiffs' proposed trial plan of proving liability by means of an expert's testimony based on a double-blind survey he conducted of a random sample of class members was unmanageable, inadequate, and unfair. Read More
Apple owes no duty of care to plaintiffs whose daughter was killed by a motorist who was driving while using FaceTime on his iPhone; proximate causation was also lacking. Read More
A court's interest in regulating its workforce to ensure that the judicial process appears impartial to all appearing before it justifies the court's rule banning employees from advocacy activity, such as wearing clothing or adornments with writings or images advocating a cause. Read More
Construction project manager’s affirmative decision not to inquire about permit requirements for boiler replacement, and to proceed without a permit, constituted a willful disregard of building laws, thereby justifying disciplinary action by the licensing board. Read More
Remand to state court based on the local controversy exception to jurisdiction under the Class Action Fairness Act was proper in this putative class action against the Golden Gate Transportation District, the Bay Area Toll Authority and Conduent, the private entity that collects bridge tolls under contract with the other two defendants, for violating California's privacy laws by sharing personal… Read More
As the arbitration agreement did not delegate arbitrability to the arbitrator, the arbitrator erred in deciding a dispute was not arbitrable rather than deciding the merits of the dispute, and the party submitting the dispute to arbitration could raise that error as a ground for vacating the award. Read More
When a trial court applies a substantial negative multiplier to a presumptively accurate lodestar attorney fee amount, the court must clearly explain its case-specific reasons for the percentage reduction, and the trial court abuses its discretion if the reasons for the reduction include tying the fee award to some proportion of the buyer’s damages. Read More
