California Appellate Tracker

A settlement agreement between the parties to this case was unenforceable because it imposed a substantial restriction on Golden's practice of his profession as a doctor by trying to prevent him from working with any hospital with which CEPMG had a contract, which amounted to 30% of the market. Read More

There is no private right of action for violation of the Air Carrier Access Act of 1986, 49 U.S.C. § 41705, which prohibits air carriers from discriminating against individuals on the basis of a physical or mental impairment, although the Department of Transportation has authority to enforce the Act. Read More

The ERISA benefit fund cannot collect unpaid contributions from the employer corporation's officers and directors. Read More

The Federal Trade Commission’s Holder Rule limits a creditor’s liability for claims by restricting the debtor’s total recovery (including attorney fees) to the amount paid by the debtor under the assigned contract. Read More

Taco Bell’s policy allowing employees to buy discounted meals to eat during their meal breaks—but only if they ate the discounted meal on the premises—did not violate California rule that employees be relieved of all work duties and employer control during meal breaks. Read More

The trial court abused its discretion in denying class certification to two consolidated cases seeking tax refunds on behalf of LLCs which had paid tax under a statute later determined to be unconstitutional, since the proposed class was ascertainable, and presented a predominant common issue. Read More

Snowboarder who was injured when she ran into a snow cat pulling a "tiller" on an open ski run (when the snow cat failed to use its turn signal before slowly turning) had signed a release of claims including negligence, and there was no gross negligence present that would have allowed her to get around the release. Read More

In a junk fax case brought under the TCPA, the recipient's "prior express invitation or permission," like consent in an unsolicited telephone call case, is an affirmative defense with respect to which the court, when weighing class certification, considers only the defenses the defendant has actually advanced and for which it has presented evidence. Read More

A transaction between US citizens and Toshiba, a foreign corporation, was sufficiently “domestic” to be subject to the Securities Exchange Act because the US citizens purchased, in the US, American Depository Shares or Receipts entitling them to the shares of the foreign issuer. Read More

The notice of motion, memorandum, and all supporting papers in support of a discovery motion to compel and for sanctions must be filed and served by the Discovery Act’s 60-day deadline, not just the notice of motion alone. Read More

The federal Nutrition Education Act pre-empts Proposition 65’s requirement of a label on cereal warning of naturally occurring acrylamide in cooked whole grains. Read More

Bid-rigging at foreclosure sales is an antitrust violation. Read More

Merchants are not required to design their parking lots in such a way that disabled patrons may access their stores without traveling behind parked cars. Read More

A job applicant who would not have been hired even if inaccuracies in his credit report were corrected lacked Article III standing to bring a claim against the employer for failure to give him pre-adverse action notice as required by the Fair Credit Reporting Act. Read More

The trial court did not err in excluding a non-retained expert’s opinion on causation as it duplicated a retained expert’s more soundly based opinion. Read More

Under Civil Code 47(b)’s divorce exception, ex-wife’s allegedly defamatory statements about a nanny in a declaration filed in her marital dissolution proceeding are not protected by the litigation privilege. Read More

A citizen is allowed to intervene as of right in the government’s Clean Air Act suit only when that suit would bar the citizen from filing a private action. Read More

A botched Spanish translation felled an employer’s arbitration clause, creating a fatal ambiguity as to the severability of an impermissible waiver of the right to bring a Private Attorney General Act claim. Read More

PG&E was entitled to summary judgment on claim for punitive damages filed by victims of the 2015 Butte Fire since there was no evidence of malice. Read More

The federal Communications Decency Act barred the trial court from directing Yelp! to remove libelous content from a review posted by a third party. Read More