California Case Summaries

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.

2nd District Court of Appeal, Civil Procedure, Litigation, Real Estate Law

Yeh v. Barrington Pacific — ICRAA’s $10,000 Statutory Damages Provide Standing Without Actual Injury, but UCL Standing Still Requires Concrete Loss

Second District holds that California's Investigative Consumer Reporting Agencies Act gives applicants standing to sue for $10,000 in statutory damages without proving actual harm, but Unfair Competition Law claims still require a concrete economic injury.

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.

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.

3rd District Court of Appeal, Civil Procedure, Litigation

Randolph v. Trustees of California State University — Failure to Object to a Trial Date Past the Five-Year Deadline Is Not an Oral Stipulation to Extend

Third District affirms mandatory dismissal under Code of Civil Procedure section 583.310, holding that a defendant's failure to object when a trial date is set beyond the five-year (plus emergency-rule six-month) deadline does not amount to an oral stipulation to extend the deadline.

California Supreme Court, Administrative Law, Constitutional Law

City of Gilroy v. Superior Court — Public Records Act Allows Declaratory Relief Even After Records Are Disclosed, but Imposes No Three-Year Retention Duty

The California Supreme Court holds that requesters under the California Public Records Act can sometimes obtain declaratory relief even after the agency has produced everything responsive, but the statute does not impose a three-year duty to preserve records the agency has withheld as exempt.

1st District Court of Appeal, Administrative Law, Litigation

Berkeley People’s Alliance v. City of Berkeley — Brown Act Violation Adequately Alleged Where Council Moved Disrupted Meetings to Smaller Room Instead of Clearing the Original

First District reverses dismissal of a Brown Act suit, holding that plaintiffs adequately alleged the Berkeley City Council violated Government Code section 54957.9 by recessing disrupted meetings and reconvening them in a smaller room instead of clearing the original room and continuing in session there.

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.

Scroll to Top