California Appellate Tracker

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State law claims based on manufacturer’s failure to adequately train physicians on installation of its lap-band implant is preempted by the federal Food, Drug, and Cosmetic Act since, apart from the FDCA, state law imposed no duty on a manufacturer to train physicians Read More

A loan servicer, and its principal, the loan’s owner, can be held liable to a borrower for negligence  in handling the borrower's loan modification application; however, the borrower has no breach of contract claim for the loan servicer’s failure to offer a permanent loan modification after performance of a non-HAMP trial period plan.  Read More

To prove a common law dedication, plaintiff need only show the owner’s intent to dedicate the property to public use and the public’s acceptance of the dedication; no written conveyance or acceptance by a public entity is required.  Read More

Because a property owner has no right to unobstructed views, the owner cannot sue a city in inverse condemnation for planting trees that block views even if the loss of views lowers the value of the property.  Read More

A party moving to compel arbitration need not authenticate the opposing party's signature on the agreement containing the arbitration clause in its initial moving papers, but can wait until after the opposing party has challenged the authenticity of his signature, so defendant's supplemental declaration which was submitted after its moving papers but before plaintiff's opposition was not untimely.  Read More

Whether the burden on the employer of allowing two 10-minute rest breaks in the middle of the work periods before and after the meal break justified the employer’s practice of allowing only one 20-minute rest break before the meal break was a disputed factual issue precluding summary judgment.  Read More

Policeman stated a viable claim for wrongful termination in violation of his First Amendment rights by alleging that he was demoted because the police department mistakenly thought it observed him supporting a rival candidate for mayor instead of the incumbent.  Read More

Trust beneficiary did not have any right to obtain information about the disposition of assets while the trust was revocable.  Read More

A 998 offer requiring the opposing party to enter into a settlement agreement is not a valid 998 offer; while cases have allowed a 998 offer to demand a release, a settlement agreement is different, more extensive and more subject to disagreement as to form and contents.  Read More

The use of a settled statement on appeal (in lieu of a reporter's transcript) does not negate the implied findings doctrine if the parties have waived a statement of decision, since the settled statement is a record of what was said, rather than a record of the trial court's reasoning Read More

Defendant’s anti-SLAPP motion was properly denied in a suit based on his public distribution of a video of fight between two neighbors, not involving any public figure or  issue of public interest. Read More

The trial court violated a class action defendant’s due process rights by awarding plaintiffs' attorneys fees based on their time records which the court reviewed in camera and refused to let the defendant see.  Read More

Although plaintiff recovered only $6,600 of the $20,000 it sought against defendant, the trial court could reasonably find that plaintiff had met more of its litigation objectives than defendant had, and therefore plaintiff could be considered the prevailing party entitled to an attorney fee award under CC 5957.  Read More

Nevada correctly allowed its citizen to sue California's Franchise Tax Board in Nevada state court, since it need not apply California law immunizing the Franchise Tax Board from such suits; but it was wrong to allow its citizen to collect more than $50,000 in damages from California's agency, when Nevada law prohibits damage awards in that amount against Nevada's own… Read More

Though exempt from federal income tax under 26 USC 529, an education or tuition trust is not designed or used for retirement purposes and so is not exempt from execution on a judgment under CCP 704.115.  Read More

Trustor conveyed real property to a revocable trust in 1985, and then created a new revocable trust in 2009; his 2009 trust instrument, which purported to transfer all of the 1985 trust’s property into the new trust, sufficed to perfect the conveyance without the need of a separate deed.  Read More

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