California Appellate Tracker

To state a claim under California’s Unfair Competition Law, False Advertising Law, or Consumer Legal Remedies Act, a private plaintiff must allege facts showing that the defendant's advertising is actually false, not merely that that the defendant has not or cannot substantiate its advertising claims.  Read More

A federal lien and garnishment attach to the beneficiary’s interest in a spendthrift trust even if the trust gives the trustee sole discretion over distributions and even if the beneficiary disclaims his interest in the trust.  Read More

When the basis for a claim of breach of fiduciary duty arises from the same facts and seeks the same relief as a plaintiff’s attorney negligence claim for malpractice, the claim for breach of fiduciary duty is duplicative and should be dismissed.  Read More

Exercising its inherent power, a federal court may award attorney fees as a sanction; however, unless criminal contempt procedures are followed, the sanction cannot exceed the amount of attorney fees the opposing party would not have incurred but for the sanctionable conduct.  Read More

No matter how the attorney receives another party’s inadvertently produced privileged material, the attorney owes a duty to notify the privilege holder and await a court’s resolution of any dispute over existence or waiver of the privilege; failure to do so may lead to disqualification.  Read More

Although celebrity defendant’s comments about celebrity plaintiff ex-girlfriend’s medical history were matters of public interest and received Anti-SLAPP protection, his posting of a sonogram and medical records on social media was a bridge too far even in the relatively lenient context of celebrity gossip.  Read More

Other than the elderly person, herself, only her court-appointed guardian may sue on her behalf under the Elder Abuse and Dependent Adult Civil Procedure Act.  Read More

The parties’ express or implied consent necessary for a commissioner to act as a judge was missing here since the pro per parties were not told the judicial officer was a commissioner or that she could act as judge only with their consent.  Read More

Plaintiffs’ motion to consolidate their eight lawsuits for pre-trial purposes was not sufficient to transform the lawsuits a removable mass action under the Class Action Fairness Act.  Read More

Plaintiff cannot sue the United States for negligent injuries suffered in a foreign country, and plaintiff suffered her injury in Spain when she was prematurely born with brain damage, not in the United States where she was later diagnosed with cerebral palsy.  Read More

To state a conversion claim, a plaintiff need only allege ownership or the right to possession of the converted property, not both ownership and right to possession.  Read More

Genuine issues of material fact existed as to whether construction employer’s yard amounted to a worksite, such that the employer could claim exemption based on the going and coming rule from liability for injuries caused by employee on his way from home to the yard.  Read More

Genuine issues of material fact existed as to whether three foreign airline defendants could invoke the filed rate doctrine as a defense to an antitrust lawsuit, since it was not clear whether the federal Department of Transportation actually regulated rates for foreign carriers or merely paid lip service to that policy.  Read More

Minor who prevailed on administrative action to assure his right to a free and appropriate education under the Individuals with Disabilities Education Act was considered a prevailing party for purposes of subsequent lawsuit filed by school district which sought to force other public entities to pay for his education.  Read More

The mandatory attorney-fault provision of Code of Civil Procedure section 473(b) applies only to judgments of dismissal or default and not to other types of judgment, such as, here, a trial on the merits of an administrative mandate proceeding in which judgment was rendered for the defendant agency.  Read More

A trial court's order denying a party's demand for a jury trial is reviewable before trial by petition for a writ of mandate.  Read More

A waiver of the right to seek injunctive relief in court to prevent violations of California’s Consumer Legal Remedies Act, Unfair Competition Law, or False Advertising Law is unenforceable under California law, and the Federal Arbitration Act does not preempt California law in that respect.  Read More

The claims in pro per plaintiff’s second amended complaint were time-barred because his initial complaint—filed before the limitations period had expired—was so deficient that it did not put the defendant on notice of any claim.  Read More

Employer was not entitled to summary judgment on discrimination claim based on the Immigration Control and Reform Act, since that act requires proof of immigration status only for new hires, not employees reinstated after a disciplinary suspension nor employees hired before 1986.  Read More

At least when a directors and officers liability policy provides a defense on appeal, its provision requiring reimbursement of defense costs upon a “final determination” the insured was guilty of willful misconduct applies only after completion of the appeal.  Read More