California Case Summaries

Litigation

Primary practice area

California Supreme Court, Administrative Law, Litigation

In re Spielbauer — California Supreme Court Orders Attorney Restitution to Non-Client Fraud Victim

The California Supreme Court held that a restitution order is appropriate in attorney discipline cases where an attorney's intentional, fraudulent misconduct caused direct financial harm to a non-client, correcting a State Bar Court misreading of prior precedent that had treated tort-based damages to non-clients as categorically excluded from restitution.

California Supreme Court, Civil Procedure, Litigation

Maniago v. Desert Cardiology Consultants — Voluntary Dismissal Forfeits Right to Appeal Adverse Pretrial Rulings

The California Supreme Court held that when plaintiffs voluntarily dismiss their action before any of their claims have been finally resolved by the trial court, the dismissal terminates the action and forfeits the right to appeal — it does not create an appealable judgment even if the stated purpose was to expedite review of adverse pretrial rulings.

Ninth Circuit Court of Appeals, Banking & Finance, Civil Procedure, Litigation

Relator LLC v. Erskine — Ninth Circuit Revives PPP Fraud Whistleblower Suit, Holds Mortgage Company’s Own Website Is Not “News Media” Under False Claims Act

The Ninth Circuit reversed dismissal of a False Claims Act qui tam suit alleging PPP fraud by a California mortgage company, holding that a NAICS industry code alone does not publicly disclose fraud and that a company's own website does not qualify as 'news media' for purposes of the Act's public disclosure bar.

1st District Court of Appeal, Civil Procedure, Litigation, Personal Injury & Tort

Wilkins v. Cruise, LLC — Autonomous Vehicle Company’s Sign-In Wrap Agreement Enforces Arbitration Clause Against Injured Rider

California's First District Court of Appeal reversed a trial court that had refused to compel arbitration, holding that Cruise's mobile app sign-in screen gave an injured employee-rider sufficiently conspicuous notice of the arbitration clause in its Terms of Service, and that GM's related corporate entities were not "third parties" under the CCP §1281.2(c) exception.

Ninth Circuit Court of Appeals, Business Transactions, Intellectual Property, Litigation

Comet Technologies USA v. XP Power — Ninth Circuit Vacates $40 Million Trade Secret Verdict Over Burden-of-Proof Error

The Ninth Circuit vacated a $40 million jury verdict for semiconductor component maker Comet Technologies and ordered a new trial after finding that the district court erroneously placed the burden of proving "ready ascertainability" of alleged trade secrets on XP Power rather than on Comet, in violation of the federal Defend Trade Secrets Act.

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