California Case Summaries

Litigation

Primary practice area

2nd District Court of Appeal, Civil Procedure, Collections & Creditor Rights, Litigation

Bagby v. Davis — California Law Governs Collection in California Courts; Surrendered Life Insurance Policy Not Necessarily Exempt

Second District holds California exemption law applies to collection actions in California courts regardless of where the judgment debtor lives, and that funds rolled over from a surrendered life insurance policy into IRAs are not categorically exempt from levy.

1st District Court of Appeal, Criminal Law, Litigation

People v. Alston — Conviction Reversed Where Trial Court Failed to Explain Reasons for Overruling Section 231.7 Objection to Peremptory Strike

First District reverses an attempted-lewd-act conviction, holding the trial court violated Code of Civil Procedure section 231.7(d)(1) by failing to explain its reasons for overruling defense counsel's objection to the prosecutor's peremptory strike of a prospective juror.

6th District Court of Appeal, Administrative Law, Labor & Employment Law, Litigation

Zenith Insurance Co. v. Workers’ Compensation Appeals Board — WCAB Lacked Jurisdiction to Grant Reconsideration After 60-Day Statutory Deadline

Sixth District reverses a Workers' Compensation Appeals Board reconsideration order, holding the Board exceeded its jurisdiction by granting reconsideration after the former section 5909 60-day deadline ran and that the narrow grounds for equitable tolling were not satisfied.

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

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.

Appellate Division (Superior Court), Civil Procedure, Litigation, Real Estate Law

Gerard v. Cuevas — Trial Court Abused Discretion by Imposing Terminating Sanction for Tenant’s Failure to Comply With Last-Minute Notice to Attend Trial

Los Angeles Appellate Division reverses an unlawful-detainer default judgment and terminating sanction, holding the trial court abused its discretion by retroactively shortening Code of Civil Procedure section 1987's 10-day notice period to 91 minutes and then striking the tenant's answer for not appearing.

1st District Court of Appeal, Estate Planning, Probate and Tax Law, Litigation, Probate

Conservatorship of A.B. — Substantial Evidence Supported Renewal of LPS Conservatorship and Involuntary Medication Order for Person With Schizophrenia

First District affirms LPS conservatorship renewal and involuntary medication order for a 42-year-old man with undifferentiated schizophrenia, finding substantial evidence supports continued grave disability and incompetence to refuse antipsychotic medication.

4th District Court of Appeal, Labor & Employment Law, Litigation

Parsonage v. Wal-Mart Associates — ICRAA $10,000 Statutory Damages Available Without Proof of Concrete Injury in Employment Background-Check Cases

Fourth District reverses summary judgment for Wal-Mart, holding California's Investigative Consumer Reporting Agencies Act allows employees to recover the $10,000 statutory damages award for ICRAA disclosure violations without proving any concrete injury such as an adverse employment decision.

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

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.

Appellate Division (Superior Court), Collections & Creditor Rights, Litigation

Spring Oaks Capital SPV v. Fowler — Debt Buyer Cannot Win Trial Without Disclosed Witness Address and Properly Authenticated Business Records

Santa Clara Appellate Division reverses a debt-buyer's trial judgment, holding the trial court erred in admitting testimony from an undisclosed witness and account records that were not properly authenticated under the business-records hearsay exception.

California Supreme Court, Labor & Employment Law, Litigation

Fuentes v. Empire Nissan — Tiny, Unreadable Contract Print Goes to Procedural, Not Substantive, Unconscionability — but Courts Must Scrutinize Illegible Terms Closely

The California Supreme Court clarifies that an unreadably small or blurry contract goes to procedural unconscionability, not substantive unconscionability — but illegibility triggers heightened scrutiny of the underlying terms for unfairness.

1st District Court of Appeal, Environmental Law, Litigation, Real Estate Law

The Committee for Tiburon LLC v. Town of Tiburon — Program-Level CEQA EIR for General Plan Need Not Analyze Site-Specific Impacts of Listed Housing Sites

First District holds a program-level Environmental Impact Report for a local government's general plan update need not include site-specific environmental analysis of housing-element inventory sites where no actual housing project has been proposed.

2nd District Court of Appeal, Litigation, Tax (non-estate)

Disney Platform Distribution v. City of Santa Barbara — Streaming Services Are Subject to Santa Barbara’s Video Users’ Tax

Second District (on rehearing) holds Santa Barbara's modernized video users' tax applies to internet video streaming services like Hulu, Disney+, and ESPN+, and rejects challenges under the federal Internet Tax Freedom Act, the First Amendment, and California Constitution Article XIII C.

6th District Court of Appeal, Administrative Law, Litigation

Santa Clara Valley Water District v. Eisenberg — Preliminary Injunction Compelling Director to Return Confidential Investigation Reports Affirmed

Sixth District affirms a mandatory preliminary injunction compelling a sitting Santa Clara Valley Water District board member to return two confidential investigation reports she removed from district facilities, holding the claim-and-delivery law did not bar parallel injunctive relief.

1st District Court of Appeal, Estate Planning, Probate and Tax Law, Litigation, Probate

Halperin v. Halperin — Civil Tort of Intentional Interference With Expected Inheritance Unavailable Where Plaintiff Had Adequate Probate Remedy

First District affirms dismissal of an intentional-interference-with-expected-inheritance claim against the plaintiff's brothers, holding the IIEI tort is not available where the plaintiff had an adequate remedy in probate (which she had earlier voluntarily dismissed).

2nd District Court of Appeal, Civil Procedure, Litigation, Personal Injury & Tort

Matthews v. Ryan — Section 998 Settlement Offer Conditioned on Insurer Consent Was Valid; Trial Court Must Reconsider Prejudgment Interest

Second District holds a personal-injury plaintiff's pretrial settlement offer conditioned on the defendant's insurer's consent was a valid Code of Civil Procedure section 998 offer, because insurer consent is a necessary condition of any insured-defendant settlement whether stated or not.

2nd District Court of Appeal, Estate Planning, Probate and Tax Law, Litigation, Probate

Conservatorship of B.K. — Trial Court Adequately Honored LPS Conservatee’s Jury-Trial Rights Where She Personally Withdrew the Demand After Counsel Consultation

Second District affirms a one-year LPS conservatorship renewal, holding the trial court adequately honored the conservatee's jury-trial rights where she demanded a jury trial, was given time to consult counsel, and then personally withdrew her demand and confirmed her choice on the record.

3rd District Court of Appeal, Administrative Law, Environmental Law, Litigation

Department of Water Resources v. Metropolitan Water District — DWR’s Bond Authority for Delta Conveyance Project Fails Validation Because the ‘Delta Program’ Is Too Vaguely Defined

Third District affirms denial of validation for Department of Water Resources bond resolutions tied to the long-running Delta Conveyance Project, holding the 'Delta Program' is so loosely defined that it cannot qualify as a permitted modification of the Feather River Project unit of the State Water Project.

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