Skip to Content (Press Enter)

Skip to Nav (Press Enter)

California Appellate Tracker

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

Subscribe to California Appellate Tracker

Thank you for your desire to subscribe to Severson & Werson’s Appellate Tracker Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

Vehicle Code 14608 prohibits a car rental agency from renting a car unless the renter presents a facially valid California driver's license or a facially valid driver's license from the non-California jurisdiction in which the renter resides.  The statute also requires the rental agency to check either the signatures on the license and the rental agreement or the picture on… Read More

The owner of the Bonaventure Hotel in Los Angeles could not state a claim for inverse condemnation or nuisance against defendant for the disruption caused by defendant's digging a trench down Fourth Street to build a subway tunnel.  In prior litigation, the court had determined that due to unstable soil conditions, an underground tunneling operation was infeasible.  An inverse condemnation… Read More

The two defendants purchased municipal bonds for a third party, Riccardi.  The defendants bought the bonds in their own names, but with Riccardi's money and immediately transferred the bonds to him.  They shared profits on Riccardi's resale of the bonds.  By this means, Riccardi was able to buy more of popular municipal bonds than he otherwise would have been able… Read More

The communicable disease extension of the comprehensive property insurance policy that Fireman's issued to Amy's provided coverage for the costs of remediating, cleaning, disinfecting, etc. the premises after a communicable disease event, defined to mean  “an event in which a public health authority has ordered that a location be evacuated, decontaminated, or disinfected due to the outbreak of a communicable… Read More

A state law requiring a gun owner to report a missing gun within 5 days did not preempt a local ordinance requiring the report to be made within 48 hours.  The ordinance does not duplicate state law since it requires earlier reporting.  Also, the ordinance doesn't contradict state law which sets an outside deadline on reporting but does not bar… Read More

Following Sonner v. Premier Nutrition Corp. (9th Cir. 2020) 971 F.3d 834, this decision holds that even in a diverity case, a federal court may exercise equitable jurisdiction only if the plaintiff has no adequate legal remedy.  Here, plaintiff's remedies under the UCL were all equitable, and the federal court lacked equitable jurisdiction over them because the CLRA offered the… Read More

Distinguishing Hernandez v. KWPH Enterprises (2004) 116 Cal.App.4th 170, this decision holds that the ambulance EMTs transporting plaintiff from one psychiatric hospital to another owed her a duty of care to prevent her from harming herself.  Hernandez involved a patient who voluntarily asked to be transported to a hospital but then freaked out after she arrived there.  In this case,… Read More

The settlement released claims of all class members who had bought iPhones on which Apple software throttled performance to avoid overtaxing the battery, but the settlement fund was payable only to those class members who submitted an attestation that they had experienced the slowing of the iPhone's functions as a result of the throttling.  This decision holds that the settlement… Read More

Though it did most other things right, the district court erred in expressly employing the wrong standard to decide whether the class action settlement in this case was fair, just, and equitable.  In a pre-certification settlement, like this one, the district court may not presume the settlement is reasonable but must instead exercise heightened scrutiny.  Application of the wrong standard… Read More

The district court correctly dismissed this suit on claim preclusion grounds.  A different environmental advocacy group had earlier brought suit in Oregon challenging the same Fish & Wildlife plan for bull trout.  The Oregon district court dismissed the complaint with leave to amend.  The plaintiff elected not to amend, instead appealing unsuccessfully.  Then the current plaintiff sued to challenge the… Read More

Medicare regulations allow MediCal to place a lien on and recover medical expenses it paid for a plaintiff due to injuries suffered by reason of a third party tortfeasor's wrongs.  However, the MediCal recovery may be made only from the portion of any recovery by the plaintiff for past medical expenses, not from other portions of the award or settlement. … Read More

The hirer of an independent contractor may, despite the Privette doctrine, be liable for injuries suffered by the contractor's employees if the hirer furnishes faulty equipment and asks or requires the contractor or its employees to use that equipment.  But not so if the hirer merely allows the contractor or its employees to use the faulty equipment.  In the latter… Read More

An arbitrator did not exceed her powers and the trial court correctly refused to vacate the arbitration award under CCP 1286.2(a)(4) for exceeding powers.  The award limited the indemnity to which the parties' contract otherwise entitled defendant on equitable grounds. Nothing in the agreement prohibited the arbitrator from doing so.  Absent express provision to the contrary, the arbitrator may reasonably… Read More

An arbitration award may be set aside if “procured by corruption, fraud or other undue means."  (CCP 1286.2(a)(1).)  This decision holds that the opponent's citing a statute that wasn't effective until after the events giving rise to the arbitrated claims is not an undue means because the losing party had ample opportunity at and after the arbitration hearing to bring… Read More

An arbitrator’s power to “correct” an award under CCP 1284 and 1286.6 is narrowly “limited to evident miscalculations of figures or descriptions of persons, things or property [citation] and nonsubstantive matters of form that do not affect the merits of the controversy. But an arbitrator also can exercise a nonstatutory power to amend the award if “an issue is omitted… Read More

CCP 1281.97(a)(1) provides that the party that drafted a consumer or employee arbitration agreement must pay its share of the arbitration fees within 30 days of the payment due date.  Failure to do so is a material breach of the arbitration agreement, allowing the opposing party to elect out of arbitration.  This decision holds that the 30-day deadline is firm,… Read More

“In divining a term’s ‘ordinary meaning,’ courts regularly turn to general and legal dictionaries.” (De Vries v. Regents of University of California (2016) 6 Cal.App.5th 574, 591.) But, courts “must exercise ‘great caution’ when relying on a dictionary definition of a common term to determine statutory meaning because a dictionary ‘ “is a museum of words, an historical catalog rather… Read More

1 56 57 58 59 60 195