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Center for Healthcare Education and Research v. International Congress for Joint Reconstruction
Principals seeking disgorgement of fiduciary's wrongful gains are not required to prove economic damages from the breach to recover.
Remedies 4DCA/1 Dec. 2, 2020
Cruz v. Fusion Buffet, Inc.
Trial court did not abuse its discretion in awarding plaintiff some portion of her attorney fees even though she ultimately recovered less than the limited jurisdiction amount.
Remedies 4DCA/1 Nov. 11, 2020
Niedermeier v. FCA US LLC
Plaintiff's restitution award under Song-Beverly Consumer Warranty Act was reduced to account for credit plaintiff received towards purchase price of new vehicle when she traded in her defective vehicle.
Remedies 2DCA/1 Nov. 3, 2020
Santana v. FCA US, LLC
There was no evidence defendant was aware of vehicle's defect until after plaintiff purchased his vehicle, and thus no evidence that defendant concealed it.
Remedies 4DCA/3 Oct. 27, 2020
Burchell v. Faculty Physicians and Surgeons of the Loma Linda University School of Medicine
Because plaintiff's Code of Civil Procedure Section 998 offer was invalid, trial court's award of expert witness fees and prejudgment interest on the basis of that offer was reversed.
Remedies 4DCA/2 Sep. 14, 2020
Modification: King v. U.S. Bank National Assn.
Plaintiff's award for damages was reinstated because trial court's order failed to specify its reasons for granting defendant's motion for new trial for excessive damages.
Remedies 3DCA Aug. 26, 2020
Skinner v. Ken's Foods, Inc.
Trial court properly awarded respondents catalyst fee award because respondents were successful parties under Code of Civil Procedure Section 1021.5.
Remedies 2DCA/6 Aug. 25, 2020
Amended Opinion: Sonner v. Premier Nutrition Corp.
State law cannot circumscribe federal court's equitable powers even when state law affords the rule of decision.
Remedies 9th Aug. 21, 2020
Modification: Johnson v. Monsanto Co.
Plaintiff was entitled to future noneconomic damages measured by reasonable and realistic life expectancy, not life expectancy based on hope that he might miraculously live for dozens of more years.
Remedies 1DCA/1 Aug. 19, 2020
Graylee v. Castro
Liquidated damages clause is unenforceable 'if it bears no reasonable relationship to the range of actual damages the parties anticipated would flow from a breach.'
Remedies 4DCA/3 Aug. 6, 2020
King v. U.S. Bank National Assn.
Plaintiff's award for damages was reinstated because trial court's order failed to specify its reasons for granting defendant's motion for new trial for excessive damages.
Remedies 3DCA Jul. 29, 2020
Modification: Universal Home Improvement, Inc. v. Robertson
Parties responding to Requests for Admissions may avoid shifting costs and expenses by establishing reasonable basis for potential success at trial.
Remedies 1DCA/2 Jul. 23, 2020
Johnson v. Monsanto Co.
Plaintiff was entitled to future noneconomic damages measured by reasonable and realistic life expectancy, not life expectancy based on hope that he might miraculously live for dozens of more years.
Remedies 1DCA/1 Jul. 22, 2020
Universal Home Improvement, Inc. v. Robertson
Parties responding to Requests for Admissions may avoid shifting costs and expenses by establishing reasonable basis for potential success at trial.
Remedies 1DCA/2 Jun. 29, 2020
Abbott Laboratories v. Superior Court (People)
District attorneys may, in properly pleaded cases, seek remedies for UCL violations occurring within or outside their counties' borders.
Remedies CASC Jun. 26, 2020
Sonner v. Premier Nutrition Corp.
State law cannot circumscribe federal court's equitable powers even when state law affords the rule of decision.
Remedies 9th Jun. 18, 2020
Betancourt v. OS Restaurant Services, LLC
Plaintiff was not entitled to attorney fees because her claims were based solely on nonprovision of meal or rest periods.
Remedies 2DCA/8 May 26, 2020
Shuler v. Capital Agricultural Property Services, Inc.
Nonsettling tortfeasors were not entitled to contribution from settling tortfeasors but could only be credited amount paid by the settling tortfeasors.
Remedies 2DCA/6 May 18, 2020
Arace v. Medico Investments, LLC
The Elder Abuse Act mandates an award of attorney fees to successful plaintiffs regardless of other relief granted.
Remedies 4DCA/2 May 13, 2020
Caldera v. Dept. of Corrections & Rehabilitation
When hiring out-of-town counsel, trial courts must consider counsel's 'home market rate' instead of local rate when determining compensation.
Remedies 4DCA/3 May 6, 2020
Carmel Development Co., Inc. v. Anderson
Trial court erred in determining plaintiff could selectively allocate liability for liens to certain lots even though improvements that were subject of liens benefited all lots.
Remedies 6DCA May 4, 2020
Colucci v. T-Mobile USA, Inc.
It was reasonable for the jury to award punitive damages because there was sufficient evidence a managing agent engaged in retaliatory conduct that was malicious or oppressive.
Remedies 4DCA/1 May 1, 2020
Moore v. Teed
Benefit-of-the-bargain damages are available to fully compensate a plaintiff for all detriment proximately caused by fraudulent fiduciary's actions.
Remedies 1DCA/1 Apr. 28, 2020
Crosno Construction, Inc. v. Travelers Casualty
'Pay-when-paid' provision within subcontract agreement between general contractor and subcontractor was unenforceable because it would unreasonably impair subcontractor's statutory bond remedy.
Remedies 4DCA/1 Apr. 21, 2020
Schreiber v. Lee
Management company was entitled to full settlement credit as to noneconomic damages after property owners settled because property owners bore imputed liability for management company's negligence.
Remedies 1DCA/1 Apr. 13, 2020
Kelly v. House
Trial court erred in denying appellants attorney fees under Civil Code Section 1021.9 because appellants demonstrated concrete injury to real or personal property.
Remedies 1DCA/1 Apr. 6, 2020
Lopez v. Ledesma
Agency relationship with supervising physician defines scope of physician assistant's license, for purposes of Civil Code Section 3333.2's damages limitation.
Remedies 2DCA/2 Mar. 26, 2020
Scholes v. Lambirth Trucking Co.
Code of Civil Procedure Section 3346 does not provide enhanced damages or a longer statute of limitations for injuries to timber, trees, or underwood from negligently spread fires.
Remedies CASC Feb. 21, 2020
Menezes v. McDaniel
Awarding attorney fees and costs for services already performed or anticipated supports the goal of Family Code Section 271 in deterring parties non-compliance.
Remedies 4DCA/1 Jan. 16, 2020
Villarreal v. Gordon
DMV suspending drivers' licenses based on out-of-state DUI convictions is not sufficient to award attorney fees since benefit doesn't affect general public.
Remedies 2DCA/1 Jan. 14, 2020