California Case Summaries

4th District Court of Appeal, Administrative Law, Litigation

Dion v. Weber — Secretary of State cannot relitigate fraud claim’s merits in payment proceeding from Victims of Corporate Fraud Compensation Fund; $50,000 per claimant cap enforced

Fourth District holds that the Secretary of State cannot relitigate the merits of an underlying fraud claim in a Victims of Corporate Fraud Compensation Fund proceeding but enforces the $50,000 per claimant statutory cap on awards.

2nd District Court of Appeal, Civil Procedure, Litigation

Clapkin v. Levin — Anti-SLAPP motion fails where claims arise from underlying business dispute, not protected litigation activity; orders denying related fee motions are not appealable

Second District affirms denial of an anti-SLAPP motion in a family corporation dispute and reaffirms that orders denying related attorney fee motions are not separately appealable, deepening a split with other appellate divisions.

2nd District Court of Appeal, Healthcare Law, Litigation

Pomona Valley Hospital v. Kaiser Foundation Health Plan — Expired contract rates are admissible in quantum meruit dispute over emergency room reimbursement; prejudgment interest capped at 7 percent

Second District holds that a hospital's expired 2004 contract with Kaiser was admissible in a quantum meruit dispute over emergency reimbursement and that prejudgment interest in such actions is 7 percent, not 10 percent.

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