California Case Summaries

4th District Court of Appeal

4th District Court of Appeal, Administrative Law, Litigation

Mustaqeem v. City of San Diego — State Sidewalk-Vendor Law Preempts Some San Diego Vending Ordinances; Preliminary Injunction Reversed

Fourth District reverses denial of a preliminary injunction by a licensed sidewalk vendor against the City of San Diego, holding that at least two of the City's vending ordinances — covering impoundment of merchandise and operating-hour restrictions — directly conflict with state sidewalk-vendor protections.

4th District Court of Appeal, Civil Procedure, Litigation

N.D. v. Superior Court — $25,000 Sanctions for Lawyer Who Filed Frivolous Writ Petition Accusing Trial Judge of Misconduct Without Evidence

Fourth District imposes $25,000 in sanctions on attorney T. Matthew Phillips for filing a frivolous writ petition that accused the trial judge of retaliation, discrimination, and acting in concert with opposing counsel — none of which was supported by evidence in the record.

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

The Merchant of Tennis, Inc. v. Superior Court — Curative Notice to Class Members Who Revoke Settlements Must Reflect California Rescission Statutes

Fourth District grants writ relief, holding that a curative class-action notice informing putative class members they may revoke individual settlement agreements must also tell them California rescission statutes require return of the settlement payment.

4th District Court of Appeal, Civil Procedure, Litigation

Barbanell v. Lodge — Petitioner Who Wins a Court Order Appointing a New Arbitrator Is a ‘Prevailing Party’ Entitled to Fees

Fourth District holds that a party who wins a discrete court petition to appoint a new arbitrator is the prevailing party in that proceeding and is entitled to attorney fees under the underlying contract, even though the parties' substantive disputes remained pending in arbitration and a parallel lawsuit.

4th District Court of Appeal, Administrative Law, Litigation

American Medical Response of Inland Empire v. County of San Bernardino — County Had Discretion to Pick a Different EMS Bidder Even When AMR Scored Highest

Fourth District reverses a preliminary injunction that had blocked San Bernardino County from awarding its exclusive EMS contract to a fire-services bidder over incumbent AMR, holding the County retained discretion to weigh proposals and was not required to advance only the highest-scoring bid.

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