California Case Summaries

2nd District Court of Appeal

2nd District Court of Appeal, Family Law, Litigation

R.R. v. C.R. — Trial Court Erred by Applying Wrong Abuse Standard in Denying Domestic Violence Restraining Order Against Stalking Ex-Spouse

Second District reverses denial of a domestic violence restraining order, holding the trial court applied the wrong legal standard in evaluating whether the petitioner's ex-wife's conduct — repeated stalking, threats, and unwanted entries — constituted abuse under the Domestic Violence Prevention Act.

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

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, Litigation, Personal Injury & Tort

Hu v. XPO Logistics, LLC — Freight Broker Owes No Duty of Care to Carrier’s Employee Injured in Truck Crash

Second District affirms summary judgment for freight broker XPO Logistics in a personal-injury suit by an injured trucker employed by the carrier XPO had hired, holding the broker did not actually exercise control over the transportation and thus owed no duty of care to the carrier's employee.

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