California Appellate Tracker

Defendant’s conduct of litigation for 17 months, including a motion to dismiss, extensive discovery, and a deposition, waived the right to invoke arbitration.  Read More

Approval of a class action settlement in a case of alleged false advertising of weight loss products is reversed because the claim form misinformed class members as to key aspects of the settlement agreement that had been approved by the court.  Read More

Tenant was the prevailing party, entitled to an attorney fee award under LA’s Rent Escrow Account Program, when the landlord voluntarily dismissed an unlawful detainer action to recover possession of property that was subject to the Program.  Read More

A mandated reporter of elder abuse is immune from liability for having filed an affidavit in support of a citizen’s arrest of a worker suspected of having stolen property from nursing home residents.  Read More

The Eminent Domain Law’s procedure for allowing condemning authorities to perform pre-condemnation testing of property meets state and federal constitutional requirements so long as it is reformed to allow jury determination of the property owner’s damages from the testing.  Read More

Defendant could not plead the Fifth Amendment to avoid his obligation to collect and pay business taxes to City of San Jose for his marijuana co-op.  Read More

In this derivative suit, shareholders failed to allege facts sufficient to show futility of demanding that the board of directors remedy corporation's alleged bribery of foreign officials, since complaint did not sufficiently aver that insiders controlled a majority of the board or that board members likely faced personal liability for the corporation’s acts.  Read More

Trademark assignments and trademark co-existence agreements are generally enforceable; here the assignee of a co-existence agreement had prior rights over the assignee under a later assignment of the trademark.  Read More

Delayed discovery cannot be used to circumvent a limitations period triggered by events giving prospective plaintiffs constructive knowledge of their claim, such as, here, the 180-day limitations period for suing to challenge a public entity’s failure to comply with the California Environmental Quality Act.  Read More

A bar and dance club owed a duty of care to protect patrons against sexual assault in its bathroom areas; a unisex bathroom with ADA stalls that had floor to ceiling walls and lockable doors, together with the sexually charged atmosphere of the club and lax security guard policy, indicated there was a clearly foreseeable risk of nonconsensual sex in… Read More

Since the policy clearly allows it to do so, an insurer breaches neither its policy nor the duty of good faith in repairing rather than paying the value of a nearly new vehicle seriously damaged in an auto accident, even though the repaired vehicle’s market value is substantially lower than the vehicle’s pre-accident value.  Read More

In this trademark infringement case, plaintiff raised trial issues of fact sufficient to overcome summary judgment by showing the defendant sold its competing vodka under labels that a reasonable consumer might find confusingly similar to plaintiff’s labels, both featuring puckered lips, colored to match the vodka’s flavoring. Read More

Trial court erred in dismissing beneficiary’s challenge to trust amendment, allegedly signed under undue influence, based on another beneficiary’s disclaimer which left plaintiff’s share of the trust unaffected by the challenged amendment.   Read More

For purposes of the Consumer Fraud and Abuse Act, both Facebook and its individual users had to consent before defendant could have its users initiate Facebook messages inviting others to use defendant’s website; the consent of the individual users alone was insufficient.  Read More

Denial of 5-year renewal of wife’s injunction against abusive ex-husband was an abuse of discretion given the ex-husband’s history of abusing the wife and children.  Read More

Plaintiff’s unsuccessful federal 1983 suit against the Franchise Tax Board for publishing plaintiff’s name as one of the top 500 tax debtors barred later state law suit against the FTB for that same act.  Read More

Buyer of bogus securities states a federal securities fraud claim against the promoter’s lawyer who represented that the promoter was who he purported to be and who misdirected buyer’s downpayment to promoter personally rather than seller company.  Read More

Triable fact issues remain as to whether government entity running fair and exhibition grounds fits within the Fair Labor Standards Act’s amusement and recreation establishment exception to overtime pay requirements.  Read More

Arbitration clause in contract for home-study course sold in California was unconscionable and unenforceable because it required arbitration of disputes in Indiana, allowed the seller to select the arbitrator, and imposed a one-year limitations period.  Read More

Psychotherapist-patient privilege protected doctor from obligation to comply with subpoena from the Medical Board, which had requested records in association with patient complaint, because before the Board moved to enforce its subpoena, the patient in question revoked his waiver of the privilege.  Read More