Business Transactions

2nd District Court of Appeal, Business Transactions, Litigation

Diaz v. Thor Motor Coach — Out-of-State Forum-Selection Clause in RV Warranty Unenforceable Against Song-Beverly Claim Even With Stipulation Preserving California Law

automatic / February 13, 2026

Second District reverses an order staying a Song-Beverly action against Thor Motor Coach, holding the warranty's Indiana forum-selection clause is unenforceable even when accompanied by a stipulation that California law would govern.

4th District Court of Appeal, Business Transactions, Litigation

Grant v. Chapman University — University Statements About On-Campus Education Are Not Specific Enough to Form an Implied Promise of In-Person Instruction

automatic / February 5, 2026

Fourth District affirms summary judgment for Chapman University in a COVID-19 tuition-refund case, holding that the university's general descriptions of campus facilities and 'face-to-face' contact were not specific enough to form an enforceable implied promise of in-person education.

4th District Court of Appeal, Business Transactions, Litigation

Higginson v. Kia Motors America — Trial Court Should Have Imposed Terminating Sanctions for Kia’s False Discovery Responses About Engine-Defect Records

automatic / February 3, 2026

Fourth District reverses a defense judgment in a Song-Beverly action against Kia, holding the trial court abused its discretion by accepting Kia's false verified discovery responses about engine-defect records and failing to impose terminating sanctions when the falsity was revealed.

1st District Court of Appeal, Business Transactions, Litigation

Navellier v. Putnam — Bankruptcy Stay Did Not Block Appeal Brought by Debtor; Defendants’ Trial Verdict and Fee Award Affirmed

automatic / February 2, 2026

First District holds the automatic bankruptcy stay does not bar appellate proceedings the debtor itself brought, and affirms a defense verdict and attorney-fee award in a $1.5 million loan-related contract and fraud dispute.

2nd District Court of Appeal, Business Transactions, Litigation

Barrios v. Chraghchian — Defeating an Early Bond Motion in a Derivative Suit Does Not Insulate the Plaintiff From Costs After Loss on the Merits

automatic / January 20, 2026

Second District holds that a plaintiff who defeats an early bond motion under Corporations Code section 17709.02 is still subject to the ordinary cost-shifting rules if he ultimately loses the derivative suit on the merits.

2nd District Court of Appeal, Business Transactions, Litigation

Towns v. Hyundai Motor America — Only the Buyer Has Song-Beverly Standing, but Insurance Payouts Don’t Reduce Restitution

automatic / January 16, 2026

Second District holds that under California's Song-Beverly Consumer Warranty Act, only the actual buyer has standing to sue for restitution, but a manufacturer cannot reduce its restitution by the amount of a third-party insurance payout the buyer received after the car was wrecked.

2nd District Court of Appeal, Business Transactions, Litigation

Chong v. Mardirossian Akaragian LLP — Client’s Ratification of Unauthorized Settlement Triggers Full Contingency Fee

automatic / January 8, 2026

Second District holds that a personal-injury client who ratifies an unauthorized settlement after firing his lawyer must pay the agreed contingency fee, not just quantum meruit, because his ratification was truly voluntary.