California Appellate Tracker

It was not an abuse of discretion to exclude portions of plaintiff’s expert declaration which asserted (without any factual basis) that plaintiff’s injury was exacerbated by a short delay in transporting him to hospital.  Read More

One wrongly decided California Court of Appeal opinion is not sufficient grounds for avoiding the res judicata impact of a prior judgment on “change of applicable law” grounds since no other appellate court need follow that errant decision.  Read More

Trial court erred in awarding nearly $8000 in contempt sanctions against plaintiff/deponent for failure to appear at her deposition, since court had not actually ordered plaintiff to appear at the deposition. Read More

A contractual jury trial waiver is unenforceable in California state court despite the contract’s choice of New York law which allows such waivers.  Read More

Since plaintiff lacked actual knowledge of limitations on his authority, the signature by the manager of a limited liability company that was itself the manager of a second limited liability company was sufficient to bind the latter company to a contract. Read More

Home loan borrower failed to allege viable claims for fraud, violation of the UCL or Rosenthal Act, or wrongful foreclosure based on alleged late transfer of loan to a securitized trust or flaws in the nonjudicial foreclosure process.  Read More

Annoyance and discomfort damages for trespass by defendant’s setting a wildfire that burned plaintiff’s home can include compensation for plaintiff’s emotional distress even though plaintiff was not present at the fire and suffered no physical injury.  Read More

Substantial evidence supported the findings that defendant trustees did not breach their fiduciary duties by failing to tell plaintiff about her subtrust and that plaintiff suffered no damage from her asserted ignorance of the subtrust.  Read More

The Civil Code’s treble damage multiplier for trespass or other tortious injury to trees applies to damages awarded for annoyance and discomfort as well as compensation for the actual injury to the trees Read More

Plaintiff had standing to sue under the Telephone Consumer Protection Act, but not the UCL for unwanted text messages soliciting him to renew a gym membership, but the claims were properly dismissed because plaintiff expressly consented to receive the messages by giving his phone number to the gym, and merely allowing his gym membership to lapse did not revoke that… Read More

A materials supplier may be held liable under Civil Code 895 for defects in newly built residences only if (a) the supplier is strictly liable in tort, or (b) the supplier contributed to the defects by its own negligent act or omission or breach of contract.  Read More

District court abused its discretion by approving a class action settlement which provided no actual benefit to class members in exchange for release of their FDCPA claims.  Read More

Employee raised genuine issues of material fact as to racial discrimination and retaliation after he introduced evidence that his supervisor demeaned him with belittling, racist remarks and that he was fired after he complained about it.  Read More

Governmental immunity shielded the owner of the adjacent golf course, which had granted a trail easement to the government, from claims by a plaintiff who was injured by an errant golf ball while hiking on the trail.  Read More

The dismissal of a borrower’s fourth foreclosure delay lawsuit is affirmed based on res judicata and a lack of merit in the borrower’s securitization arguments.  Read More

The California Insurance Commissioner did not exceed his powers in promulgating regulations governing an insurer’s communicating an estimate of replacement costs to an insured.  Read More

A garnishment proceeding against a third party not involved in the original state court proceeding is a separate action which the garnishee can remove to federal court, and after removal, the action is governed by the federal rules of procedure, not state garnishment procedure.  Read More

Prospective employer violated the Fair Credit Reporting Act by including a release of claims in the same document as the statutorily required notice that it might obtain a credit report on the applicant for employment purposes.  Read More

General legislation covers Indian tribes unless they are expressly excluded, so the Dodd-Frank Act is interpreted to regulate for-profit consumer lending enterprises of Indian tribes.  Read More

Since California law treats silence as non-acceptance of a contract offer, a consumer did not agree to arbitrate disputes with Samsung by failing to respond to an arbitration clause that was included in a warranty and product information booklet packaged with a Galaxy cellphone which the customer received after signing a Verizon subscription agreement.  Read More