California Appellate Tracker

The trial court properly denied the defendant employer's motion to compel arbitration of plaintiff's "standing" to bring the PAGA action he filed against the employer.   Requiring plaintiff to arbitrate whether he was an “aggrieved employee” with standing to bring a representative PAGA action would require splitting that single action into two components: an arbitrable “individual” claim (i.e., whether he was… Read More

Lab. Code 432.7 prohibits an employer from asking a job applicant to disclose any conviction that has been judicially dismissed and bars an employer from using any record of a dismissed conviction as a factor in the termination of employment.  Here, Premier hired plaintiff but several weeks later received a mistaken notice from the DMV saying that plaintiff had an… Read More

Following the reasoning in Dutra Group v. Batterton (2019) 139 S.Ct. 2275 and the result in Chan v. Society Expeditions, Inc. (9th Cir. 1994) 39 F.3d 1398, this decision holds that a child cannot recover damages for loss of society of a parent injured (but not killed) on the high seas while not a seaman.  Neither the Jones Act nor… Read More

Though frowning on the practice, this decision holds that a judge may grant a motion for judgment on the pleadings after a demurrer on the same grounds has been overruled.  If there is any impropriety in doing so, the error is harmless if the order granting the motion for judgment on the pleadings is legally correct.  Accord:  People v. Edward… Read More

The Federal Food, Drug and Cosmetic Act does not preempt state law requirements for dietary supplements that do not differ from those promulgated under the FDCA. So a plaintiff can bring a UCL action against a dietary supplement supplier for failing to substantiate its advertising or labeling claim about the supplement's structure or function--except that while the FDCA and FDA… Read More

Robin held a senior deed of trust. Crowell held a junior lien on the same property.  Robin commenced a judicial foreclosure action against the debtor and the property but failed to name and serve Crowell as a defendnat in the suit.  Some years after the judicial foreclosure sale, Robin brought this quiet title action against Crowell to "complete" the judicial… Read More

One way to prove loss causation in a securities fraud suit is to show that the defendant corporation's stock, traded in an efficient market, dropped significantly after a disclosure of information correcting the prior misrepresntations on which the plaintiff sues.  The plaintiff must also show that the corrective disclosure was a substantial factor in causing the stock drop.  This decision… Read More

A court, which has appointed a receiver under H&S Code 17980.7 and CCP 564 to remediate a nuisance caused by substandard housing, may, in its discretion, authorize the receiver to borrow funds to remediate the nuisance and ro give a super-priority lien in the property as security for repayment of the loan.  Nothing in the language or legislative history of… Read More

Pen. Code 632 and 632.7 prohibit the recording of any part of a confidential telephone communication without consent of all parties.  This decision holds that Yelp's recording only of its own sales persons' words with the sales person's violates these statutes when the other party to the call, whose words were not recorded gave no consent to the recording.  It… Read More

While an insured cannot expand the scope of an existing insurance policy's coverage by waiver or estoppel, a would-be insured can rely on waiver or estoppel to show that the insurer agreed to provide the insurance despite the insured's failure to perform a condition precedent to issuance of the policy, such as submission of medical forms or, in this case,… Read More

This decision holds that the trial court properly required a party seeking a preliminary injunction under the Public Records Act (Gov. Code 6250, et seq.) to post an injunction bond under CCP 529--to support an injunction against routine destruction of older public records, some of which plaintiffs sought under the PRA.  Nothing in the Public Records Act conflicted with section… Read More

After divorcing Yim, Lee filed this suit on behalf of her daughter Doe, claiming that Yim had sexually molested Doe.  Lee, a lawyer, sought to represent Doe in the action.  Held, the trial court did not abuse its discretion in disqualifying Lee.  Under current Rule of Professional Conduct 3.7, a lawyer cannot act as an advocate "at trial" in a… Read More

The trial court did not abuse its discretion in entering an in limine motion that effectively prevented plaintiff from presenting any evidence at trial.  Plaintiff had not complied with the superior court's local rule requiring an exchange of exhibits and witness lists a week before trial.  Also, plaintiff had not responded to defendant's written discovery or presented its witnesses for… Read More

The trial court did not abuse its discretion in denying plaintiff's oral motion to continue the trial presented at the start of what was scheduled to be the first day of trial.  Under Cal. Rules of Court, rule 3.1332(b), a party seeking a continuance of a trial must do so by written motion or ex parte application with a supporting… Read More

Under Gov. Code 945.3, a person charged with a criminal offense may not bring a claim against a police officer or the police department relating to the charged offence, including any act or omission in the arrest or detention, while the criminal charges are pending in the superior court.  This decision holds that the statute tolls the statute of limitations… Read More

Distinguishing Clifford v. Quest Software Inc. (2019) 38 Cal.App.5th 745, this decision holds that plaintiff sought a public injunction because unlike Clifford which sought relief on behalf of the defendant's relatively small group of employees, the plaintiff in this case sought to enjoin the defendant retailer from continuing business practices that would affect other members of the public (but not… Read More

This decision refuses to enforce a Utah choice of law clause in a credit card agreement, the credit card having been used to buy a motorcycle in California.  While the choice of Utah law was reasonable since that is where the card issuer was located, application of Utah law would offend fundamental California public policy as expressed in McGill v.… Read More

Following Wilson & Wilson v. City Council of Redwood City (2011) 191 Cal.App.4th 1559, this decision holds that an appeal from a judgment denying administrative mandamus review of the county's issuance of a building permit (allegedly in violation of CEQA) was moot.  While the case was pending, the real party in interest had completed the construction of an extension of… Read More

A contractor repairing a highway owes a duty of care to motorists using the highway.  The duty of care extends to protecting motorists from dangers on property adjacent to the repairs the contractor is performing.  See Ray v. Silverado Constructors (2002) 98 Cal.App.4th 1120, 1134; Thirion v. Fredrickson & Watson Construction Co. (1961) 193 Cal.App.2d 299, 304-305,  Here, the contractor… Read More

In this case, after plaintiff demanded that it do so, a restaurant altered its premises to make it conform to current standards of accessability for the disabled.  However, the restaurant was under no statutory duty to do so.  H&S Code 19955 did not require the alterations because the restaurant was not newly constructed nor had it undergone other alterations that… Read More