California Appellate Tracker

A trial court may award attorney fees to the prevailing party for a prior appeal without regard to the appellate court’s award or denial of costs on the appeal. Read More

The trial court abused its discretion in denying a prevailing plaintiff attorney fees since the defendant’s initial settlement offer (which the plaintiff rejected) did not comply with section 998. Read More

The deadline for moving to vacate an arbitration award under the FAA is the same date as the third month after the award is issued unless it is a Saturday, Sunday or holiday. Read More

To properly plead demand futility in a shareholder’s derivative suit, the complaint must allege facts specific to each director, showing that at least half of them could not have exercised disinterested business judgment in responding to a demand; alleging that corporate officers, but not directors, were engaged in an antitrust conspiracy did not suffice. Read More

Plaintiff's evidence, if believed by a fact-finder, would have supported the contention that defendant's ginkgo-infused pills had no mind-sharpening properties, contrary to defendant's advertising claims; so defendant was not entitled to summary judgment. Read More

Delaware law permitting choice-of-forum bylaws is enforceable in California even if no shareholder consent is obtained for the bylaw and even though the bylaw is adopted after the allegedly wrongful conduct has occurred. Read More

Plaintiff stated a viable 1983 claim by alleging a city and its towing company misapplied the proceeds when they seized and sold the plaintiff's car for a parking violation. Read More

A broad arbitration clause in plaintiff's employment agreement was ended by the separation agreement which plaintiff signed on leaving the company's employment, so it did not govern plaintiff’s later claims that defendants breached their fiduciary duties owed to him as a minority shareholder. Read More

A law firm hired to represent water district and later fired, need not recuse itself from representing other water districts in the same litigation, especially since the first water district did not demand the recusal until ten years after hiring the law firm and was aware of the other representations the whole time. Read More

The going-and-coming rule might not bar a claim against at-fault driver’s employer; though the driver was on a personal mission, the employer allegedly required him to drive a company truck at all times. Read More