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State of California v. Little Sisters of the Poor
Preliminary injunction barring enforcement in several states of final agency rules that exempted certain entities from Affordable Care Act's requirement that group health plans cover contraceptive care without cost sharing was affirmed. 		Remedies 9th Oct. 23, 2019
Garcia v. Myllyla
Punitive damages were neither improper nor excessive, and the jury could consider the effect of events prior to the statute of limitations period on plaintiffs' sensitivity to events during the period. 		Remedies 2DCA/2 Oct. 7, 2019
Fernandez v. Jimenez
Because decedent was a single, loving and loved mother, $11,250,000 to each of her four children, three of whom were minors, did not shock the conscience. 		Remedies 2DCA/3 Sep. 30, 2019
Kaffaga v. Estate of Thomas Steinbeck
Plaintiff failed to meet burden of placing into record meaningful evidence of defendant's financial condition and ability to pay any punitive damages award; thus, punitive damages award could not stand. 		Remedies 9th Sep. 10, 2019
Bustos v. Wells Fargo Bank, N.A.
Under Section 2924.12(h) of the California Homeowner Bill of Rights attorney fees and costs may be awarded when a prevailing borrower obtains temporary or permanent injunctive relief. 		Remedies 3DCA Aug. 30, 2019
1041 20th Street v. Santa Monica Rent Control Bd.
Rent Control Board was not authorized to exempt residential rental units that were granted removal permits from rent control; thus, trial court erred by applying equitable estoppel. 		Remedies 2DCA/5 Aug. 1, 2019
Crump v. Superior Court
There was no evidence to establish that defendant's failure to report gas leak for three days was substantial factor in causing harm; thus, matter remanded on whether petitioners can prove damages. 		Remedies 2DCA/8 Jul. 11, 2019
Hardie v. Nationstar Mortgage LLC
Under Civil Code Section 2924.12(h), borrower who obtains temporary restraining order is 'prevailing borrower' for purposes of attorney fees but because the attorney fee request was procedurally defective, award was reversed. 		Remedies 5DCA Mar. 1, 2019
The Depot v. Caring for Montanans
Under 29 U.S.C Section 1132(a)(3), a plaintiff may not seek recovery out of a defendant's general assets but must seek to recover specifically identified funds traceable items from a defendant. 		Remedies 9th Feb. 7, 2019
Stratton v. Beck
An appellate court's order for parties to bear their own 'costs' during appeal does not include attorney fees, which are therefore recoverable at the trial court level. 		Remedies 2DCA/4 Jan. 4, 2019
Ibrahim v. DHS
In determining whether the government acted in bad faith, for purposes of attorney fees under the EAJA, the district court must take into consideration the totality of the circumstances. 		Remedies 9th Jan. 3, 2019
Copenbarger v. Morris Cerullo World Evangelism, Inc.
For invoices to become admissible under the business record exception they must actually be presented at trial in order to lay the proper foundation, otherwise possible double-hearsay issues may exist. 		Remedies 4DCA/3 Nov. 15, 2018
Modification: Pacific Gas & Electric Co. v. Superior Court
'Thought-provoking' questions raised by plaintiffs as to utility's practices in wake of devastating wildfire do not in themselves show by clear and convincing standard utility acted with 'malice,' precluding punitive damages. 		Remedies 3DCA Jul. 30, 2018
Pacific Gas & Electric Co. v. Superior Court
'Thought-provoking' questions raised by plaintiffs as to utility's practices in wake of devastating wildfire do not in themselves show by clear and convincing standard utility acted with 'malice,' precluding punitive damages. 		Remedies 3DCA Jul. 5, 2018
Lagos v. United States
'Investigations' and 'proceedings' as cited in Mandatory Victims Restitution Act should be construed narrowly, and refer only to government investigations and criminal proceedings. 		Remedies 5DCA May 30, 2018
West Coast Air Conditioning Co. v. California Department of Corrections and Rehabilitation
Promissory estoppel damages properly awarded to firm for firm's bid preparation costs, where court deemed firm should have received project as 'lowest responsible bidder.' 		Remedies 4DCA/1 Mar. 20, 2018
PSM Holding Corp. v. National Farm Financial Corp.
A judgment creditor cannot recover in restitution for losses suffered while in possession of a company it seized from a judgment debtor pursuant to an erroneous judgment. 		Remedies 9th Mar. 8, 2018
Batterton v. Dutra Group
Denial of motion to strike punitive damages for unseaworthiness affirmed where punitive damages are a remedy for unseaworthiness. 		Remedies 9th Jan. 24, 2018
Walker v. Appellate Division of the Superior Court (People)
Criminal restitution order covering victim’s actual loss improperly overturned by trial court’s appellate division, which erroneously relied on calculation applicable to civil actions. 		Remedies 2DCA/5 Aug. 24, 2017
Amended Opinion: U.S. v. Johnson
Under MVRA, restitution may flow from events other than the count of conviction, if harm caused was part of defendant's 'scheme, conspiracy, or pattern;' plaintiff's decision not to appeal pretrial evidentiary ruling does not bar appellate review 		Remedies 9th Aug. 23, 2017
CRST Inc. v. Superior Court (Lennig)
Employer's admission of vicarious liability does not shield it from punitive damages; employer nonetheless not subject to punitive damages due to lack of triable issues of fact. 		Remedies California Court of Appeal - 2nd District Jun. 21, 2017
CRST Inc. v. Superior Court (Lennig)
Employer's admission of vicarious liability does not shield it from punitive damages; employer nonetheless not subject to punitive damages due to lack of triable issues of fact. 		Remedies May 31, 2017
Higgins v. Higgins
Trustee's repudiation of irrevocable trust held for third party beneficiary permits imposition of constructive trust. 		Remedies May 11, 2017
U.S. v. Johnson
Under Mandatory Victim Restitution Act, restitution may flow from events other than the count of conviction, if harm caused was part of defendant's 'scheme, conspiracy, or pattern.' 		Remedies Apr. 24, 2017
Jamison v. Dept. of Transportation
Imposing preliminary injunction on Caltrans interferes with its statutory duty to control encroachments upon state highway right-of-way, resulting in reversal in Caltrans favor. 		Remedies Oct. 19, 2016
Robinson v. U-Haul Co. of California
Truck-rental company's past practice of pursuing non-compete covenants warrants permanent injunction barring practice in California. 		Remedies Oct. 18, 2016
Wood v. Burwell
Plaintiffs that successfully challenged Secretary's approval of Arizona demonstration project entitled to 'prevailing party' status under Equal Access to Justice Act. 		Remedies Sep. 14, 2016
Ibrahim v. U.S. Dept. of Homeland Security
District court erroneously disallows fee relating to discrete litigation positions taken by government in action challenging doctor's inclusion in government terrorist databases. 		Remedies Aug. 30, 2016
Teutscher v. Woodson
District court's award of equitable remedies under ERISA overturned where plaintiff had already obtained jury award of front pay damages to compensate for same harm. 		Remedies Aug. 28, 2016
Moyle v. Liberty Mutual Retirement Benefit Plan
Former employees of acquired insurance company may maintain their ERISA claim for equitable relief under 29 U.S.C. Section 1132(a)(3) despite alternative claim under Section 1132(a)(1)(B). 		Remedies Aug. 18, 2016
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