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Cacho v. Eurostar, Inc.
Class certification denied for shoe store employees who alleged wage and labor violations because evidence did not show the claims were typical to the class.
Civil Procedure 2DCA/7 Dec. 27, 2019
Gordon v. ARC Manufacturing, Inc.
Primary assumption of risk doctrine not available to defendant because no relationship existed between defendant and professional roofer who fell during inspection.
Civil Procedure 4DCA/1 Dec. 23, 2019
Smith v. LoanMe, Inc.
Privacy Act not violated when a phone conversation was recorded by loan business with non-consenting caller because statute only prohibits eavesdroppers from recording calls.
Civil Procedure 4DCA/2 Dec. 23, 2019
PG&E "San Bruno Fire" Cases
A settlement agreement's single sentence waiver is sufficient to quash a subsequent appeal of an attorney fee allocation; challengers must object to the allocation before final approval.
Civil Procedure 1DCA/3 Dec. 20, 2019
Doe v. Dept. of Corrections and Rehabilitation
Employer not in violation of FEHA by failing to provide accommodations because employee failed to disclose known disability and limitations.
Civil Procedure 4DCA/2 Dec. 20, 2019
Visalia Unified School Dist. v. Superior Court (Tulare)
Education Code 44114 protects reporting employees from retaliation but Government Code 818 still prohibits punitive damage suit against public school district.
Civil Procedure 5DCA Dec. 19, 2019
Loeb v. County of San Diego
'Trail immunity' properly granted to County because injury occurred at County park being used for at least some recreational activity.
Civil Procedure 4DCA/1 Dec. 18, 2019
Modification: Ashmus v. Superior Court (San Mateo)
Trial court clearly erred in transferring habeas corpus petition to a court that was not 'the court which imposed the sentence' as Penal Code Section 1509 dictates.
Civil Procedure 1DCA/2 Dec. 17, 2019
Luke v. Sonoma County
The requirement that local governments obtain an actuarial statement before increasing pension payments is a one-time obligation; subsequent pension payments are not continuing violations that can overcome the three-year statute-of-limitations.
Civil Procedure 1DCA/5 Dec. 16, 2019
Modification: ENA North Beach, Inc. v. 524 Union Street
Trial court erroneously granted motion for JNOV to reduce punitive damages rather than utilize Code of Civil Procedure Section 662.5, but affirmed reduction because plaintiff wished to avoid further litigation.
Civil Procedure 1DCA/2 Dec. 16, 2019
ENA North Beach, Inc. v. 524 Union Street
Trial court erroneously granted motion for JNOV to reduce punitive damages rather than utilize Code of Civil Procedure Section 662.5, but affirmed reduction because plaintiff wished to avoid further litigation.
Civil Procedure 1DCA/2 Dec. 13, 2019
Murphy v. SFBSC Management
District court erroneously applied presumption of fairness to settlement agreement and failed to investigate or adequately address numerous issues apparent in the settlement.
Civil Procedure 9th Dec. 12, 2019
Rotkiske v. Klemm
Fair Debt Collection Practices Act statute of limitations begins to run when the alleged FDCPA violation occurs, not when the violation is discovered.
Civil Procedure USSC Dec. 11, 2019
City of Santa Maria v. Adam
Appellants' appeal of motion to clarify was not ripe because the issue would require speculation regarding hypothetical scenarios and appellants failed to show they faced hardship absent an immediate decision.
Civil Procedure 6DCA Dec. 11, 2019
In re J.A.
Appeal dismissed due to appellant's failure to appeal within 60-day period after juvenile court issued dependency order and terminated dependency, despite juvenile court's failure to advise mother of her appellate rights.
Civil Procedure 4DCA/2 Dec. 10, 2019
Hood v. Gonzales
An interpleader action allows a court to adjudicate competing claims to disputed settlement funds, not just merely supervise their dispersal; it is a proper substitute for arbitration.
Civil Procedure 4DCA/1 Dec. 10, 2019
Ashmus v. Superior Court (San Mateo)
Trial court clearly erred in transferring habeas corpus petition to a court that was not 'the court which imposed the sentence' as Penal Code Section 1509 dictates.
Civil Procedure 1DCA/2 Dec. 6, 2019
Painters and Allied Trades District Council 82 v. Takeda Pharmaceuticals
Plaintiffs satisfactorily alleged civil RICO standing in light of the proximate cause factors of 'Holmes v. Sec. Inv'r Prot. Corp.,' so the district court's dismissal of plaintiffs' RICO claims was erroneous.
Civil Procedure 9th Dec. 4, 2019
Johnson v. Metro-Goldwyn Mayer Studios
District court adequately explained its decision to conduct its own lodestar calculation and apply a 25 percent cut to class counsel's hours in awarding less attorneys' fees than plaintiff requested.
Civil Procedure 9th Dec. 3, 2019
Willis v. City of Seattle
Appellants failed to proffer sufficient evidence and articulate a practice that was common to the claims of the proposed class in their motion for class certification.
Civil Procedure 9th Dec. 2, 2019
Chen v. Los Angeles Truck Centers, LLC
Because Indiana had a real interest in applying its law, and California's interest was only hypothetical, the trial court correctly applied Indiana products liability law.
Civil Procedure 2DCA/8 Nov. 26, 2019
Global Protein Products, Inc. v. Le
Appellants' claim that respondent's trade secret was invalid was insufficient to dissolve permanent injunction.
Civil Procedure 6DCA Nov. 25, 2019
Highland Springs Conference etc. v. City of Banning
Trial court erroneously excluded fees plaintiffs incurred on appeal of alter ego motion denial and fees plaintiffs incurred over two years before filing their fee motions.
Civil Procedure 4DCA/2 Nov. 25, 2019
In Re Pacquiao-Mayweather Boxing Litigation
Merely because a boxing match lacked the anticipated drama worthy of the pre-fight hype because of an athlete's injury does not mean customers were defrauded and suffered a legal injury.
Civil Procedure 9th Nov. 22, 2019
City of Los Angeles v. Metropolitan Water Dist.
Attorney fees are available in reverse California Public Records Act actions. Under the Code of Civil Procedure Section 1021.5 attorney fees are awarded when the public interest is involved.
Civil Procedure 2DCA/8 Nov. 21, 2019
Brown v. Upside Gading, LP
Trial court's order was not appealable under Code of Civil Procedure Section 904.1(a)(6) as defendants argued, since it was simply part of the class certification process.
Civil Procedure 1DCA/3 Nov. 20, 2019
Henson v. Fidelity National Financial
District court abused its discretion in evaluating three factors considered in evaluating the merits of a FRCP 60(b)(6) motion predicated on an intervening change in the law under 'Phelps v. Alameida.'
Civil Procedure 9th Nov. 18, 2019
Silbaugh v. Chao
An amendment to a pleading relates back to the original pleading when the amendment changes the party whom the claim is asserted against and gives the newly named defendant notice.
Civil Procedure 9th Nov. 15, 2019
Sarun v. Dignity Health
Court disapproved of trial court's application of unduly restrictive ascertainability standard and directed trial court to certify a modified limited issue class due to sufficient evidence of manageability issues.
Civil Procedure 2DCA/7 Nov. 14, 2019
Williams v. Impax Laboratories, Inc.
Plaintiff failed to appeal an order dismissing class allegations that was appealable under the death knell doctrine, so plaintiff forfeited her appeal of dismissal of class allegations.
Civil Procedure 1DCA/1 Nov. 12, 2019