The trial court did not abuse its discretion in entering an in limine motion that effectively prevented plaintiff from presenting any evidence at trial. Plaintiff had not complied with the superior court's local rule requiring an exchange of exhibits and witness lists a week before trial. Also, plaintiff had not responded to defendant's written discovery or presented its witnesses for… Read More
The trial court did not abuse its discretion in denying plaintiff's oral motion to continue the trial presented at the start of what was scheduled to be the first day of trial. Under Cal. Rules of Court, rule 3.1332(b), a party seeking a continuance of a trial must do so by written motion or ex parte application with a supporting… Read More
Under Gov. Code 945.3, a person charged with a criminal offense may not bring a claim against a police officer or the police department relating to the charged offence, including any act or omission in the arrest or detention, while the criminal charges are pending in the superior court. This decision holds that the statute tolls the statute of limitations… Read More
Distinguishing Clifford v. Quest Software Inc. (2019) 38 Cal.App.5th 745, this decision holds that plaintiff sought a public injunction because unlike Clifford which sought relief on behalf of the defendant's relatively small group of employees, the plaintiff in this case sought to enjoin the defendant retailer from continuing business practices that would affect other members of the public (but not… Read More
This decision refuses to enforce a Utah choice of law clause in a credit card agreement, the credit card having been used to buy a motorcycle in California. While the choice of Utah law was reasonable since that is where the card issuer was located, application of Utah law would offend fundamental California public policy as expressed in McGill v.… Read More
Following Wilson & Wilson v. City Council of Redwood City (2011) 191 Cal.App.4th 1559, this decision holds that an appeal from a judgment denying administrative mandamus review of the county's issuance of a building permit (allegedly in violation of CEQA) was moot. While the case was pending, the real party in interest had completed the construction of an extension of… Read More
A contractor repairing a highway owes a duty of care to motorists using the highway. The duty of care extends to protecting motorists from dangers on property adjacent to the repairs the contractor is performing. See Ray v. Silverado Constructors (2002) 98 Cal.App.4th 1120, 1134; Thirion v. Fredrickson & Watson Construction Co. (1961) 193 Cal.App.2d 299, 304-305, Here, the contractor… Read More
In this case, after plaintiff demanded that it do so, a restaurant altered its premises to make it conform to current standards of accessability for the disabled. However, the restaurant was under no statutory duty to do so. H&S Code 19955 did not require the alterations because the restaurant was not newly constructed nor had it undergone other alterations that… Read More
In this case, a pedestrian tripped and fell in a pothole located on city-owned property where the lip of a driveway and the gutter meet. The decision holds that the commercial business leasing the property that the driveway services did not exercise control over the location of the pothole (so as to create a duty of care to passersby) when… Read More
Jury verdict that car did not have "a window defect that rendered it unfit for the ordinary purpose of providing transportation" should have ended the jury's task on the plaintiff's claim for breach of implied warranty. But due to an error in the jury verdict form, the jury went on to award plaintiff damages. Held, the trial court correctly granted… Read More
To qualify as a notice of entry of judgment under Code of Civil Procedure section 664.5, the clerk’s mailed notice must affirmatively state that it was given ‘upon order by the court’ or ‘under section 664.5,’ and a certificate of mailing the notice must be executed and placed in the file.” (Van Beurden Ins. Services, Inc. v. Customized Worldwide Weather… Read More
After negotiating unsuccessfully to buy plaintiff or "acqui-hire" its key employees, Apple enticed those key employees to quit plaintiff and go to work for Apple. Held, summary judgment for Apple affirmed. Plaintiff's fraud claim was based on three promises Apple made during negotiations. Promises are actionable as fraud only when, at the time the promise is made, the promisor does… Read More
Ramos leased a new Mercedes. It made grinding sounds when he backed up and turned the steering wheel. He took the car in to be fixed many times. It was never repaired to the point of stopping the noises. At lease end, Ramos returned the car, but also sued to recover damages unde the Song-Beverly Act. The jury found that… Read More
Revitch was a long-time DIRECTV subscriber. In 2011, when Revitch upgraded his mobile phone, he signed a new contract with AT&T Mobility which contained an arbitration clause requiring arbitration of any disputes arising out of or related to his relationship with AT&T or its affiliates. In 2015 AT&T acquired DIRECTV. In 2018, Revitch sued DIRECTV for violating the TCPA by… Read More
California has specific personal jurisdiction over Avon in a suit brought by a Calfiornia resident who used Avon's talc products and claims they were defective, containing asbestos which gave her mesothelioma. Plaintiff adequately alleged facts showing that Avon had purposefully availed itself of California's benefits and that those contacts were related to her suit by showing that she had purchased… Read More
Alborzi is a doctor who was on a panel of infectious disease specialists that USC' Verdugo Hills Hospital called on to assist with patients having serious infectious diseases. He complained about USC's arrangements with a group of hospitalist doctors, claiming that they violated anti-kickback legislation by charging USC less than market value for their hospitalist services but then made it… Read More
Defendant LLC was one of several companies run by Garrick. It was a shell without assets or its own employees. Other Garrick companies deposited funds in defendant's accounts when they wanted to pay its creditors including its defense attorneys. This decision holds that the trial court did not err in adding Garrick and his other companies to the stipulated judgment… Read More
Assuming that long-distance, non-competitive bicycle riding is a sport to which the primary assumption of the risk doctrine applies, the County owed the cyclist a duty not to increase the inherent risks of that sports by failing to properly maintain its roads on which the cyclist traveled. Imposing such a duty on the County would not significantly increase its burdens… Read More
The Federal Aviation Administration Authorization Act of 1994 preempts state laws "related to a price, route, or service of any motor carrier . . . , broker, or freight forwarder with respect to the transportation of property." (49 U.S.C. § 14501(c).) In this case, an injured motorist brought a common law negligence action against a transportation broker for negligently selecting… Read More
In an attempt to settle the many coordinated suits by local governmental entities against drug companies, doctors and others about over-prescribing opiod drugs, the district certified a "negotiation class" of all cities and counties for the sole purpose of attempting to negotiate a settlement to the litigation. This decision holds that the certification was in error. Rule 23 allows litigation… Read More
