California Appellate Tracker

Fees charged by a mediator for a mediation not ordered by the court may be recoverable as ordinary costs in the discretion of the trial court. Read More

When a law firm or client acquires an opponent's attorney-client information through surreptitious means such as hiring an outside counsel a former employee of the opposing party, the outside counsel in question must be disqualified from the representation. Read More

The litigation privilege did not immunize coverage counsel's transmission of the claimant's tax returns to the insurer and its forensic accountant, which enabled the claimant to state a viable invasion of privacy claim on the basis that tax returns are privileged. Read More

After employee provided uncontradicted evidence that he worked overtime hours he could not be denied compensation merely because his employer failed to keep accurate time records of the employee's hours of work; rather, at that point the employee's memory of time spent on special projects sufficed, and the burden shifted to the employer to disprove the claimed hours. Read More

Because the University of Southern California’s disciplinary procedures did not adequately allow for the accused student to cross-examine victim in a rape case, it denied fundamental fairness, and a subsequent disciplinary decision had to be overturned. Read More

A default judgment was vacated as it exceeded the sum prayed for in the indemnity cross-complaint on which it was based, even though it incorporated by reference the complaint which asked for $10 million. Read More

Delegation provision in the insurance contract’s arbitration clause was void because it was added by an endorsement that had not been filed with or approved by the Insurance Commissioner. Read More

There is a constitutional right to a jury trial of a claim for nominal statutory damages of $1000 under the California Confidentiality of Medical Information Act. Read More

Plaintiff’s 998 offer made 19 days after service of the complaint was ineffective because the defendant then lacked sufficient information about the plaintiff’s injuries to reasonably evaluate the offer. Read More

Union members need not arbitrate state statutory claims unless their collective bargaining agreement clearly and unmistakably consigns the claims to arbitration, expressly mentioning the statute or the rights it confers. Read More

A trial court may award attorney fees to the prevailing party for a prior appeal without regard to the appellate court’s award or denial of costs on the appeal. Read More

The trial court abused its discretion in denying a prevailing plaintiff attorney fees since the defendant’s initial settlement offer (which the plaintiff rejected) did not comply with section 998. Read More

The deadline for moving to vacate an arbitration award under the FAA is the same date as the third month after the award is issued unless it is a Saturday, Sunday or holiday. Read More

To properly plead demand futility in a shareholder’s derivative suit, the complaint must allege facts specific to each director, showing that at least half of them could not have exercised disinterested business judgment in responding to a demand; alleging that corporate officers, but not directors, were engaged in an antitrust conspiracy did not suffice. Read More

Plaintiff's evidence, if believed by a fact-finder, would have supported the contention that defendant's ginkgo-infused pills had no mind-sharpening properties, contrary to defendant's advertising claims; so defendant was not entitled to summary judgment. Read More

Delaware law permitting choice-of-forum bylaws is enforceable in California even if no shareholder consent is obtained for the bylaw and even though the bylaw is adopted after the allegedly wrongful conduct has occurred. Read More

Plaintiff stated a viable 1983 claim by alleging a city and its towing company misapplied the proceeds when they seized and sold the plaintiff's car for a parking violation. Read More

A broad arbitration clause in plaintiff's employment agreement was ended by the separation agreement which plaintiff signed on leaving the company's employment, so it did not govern plaintiff’s later claims that defendants breached their fiduciary duties owed to him as a minority shareholder. Read More

A law firm hired to represent water district and later fired, need not recuse itself from representing other water districts in the same litigation, especially since the first water district did not demand the recusal until ten years after hiring the law firm and was aware of the other representations the whole time. Read More

The going-and-coming rule might not bar a claim against at-fault driver’s employer; though the driver was on a personal mission, the employer allegedly required him to drive a company truck at all times. Read More