Robins v. Spokeo, Inc.

Plaintiff who sued under the Fair Credit Reporting Act alleged a sufficiently concrete injury to ensure his Article III standing in case against information aggregation service who posted incorrect information about his age, marital status, wealth, education level, and profession.  On remand from the Supreme Court, the Ninth Circuit holds that Robins has alleged a…

In re Reynolds (Frealy v. Reynolds)

A debtor’s bankruptcy estate is entitled to the full amount of debtor’s spendthrift trust distributions due to be paid as of the petition date, except for the portion the beneficiary needs for his support or education if the trust instrument specifies the funds are to be used for that purpose.  After the California Supreme Court…

Sukumar v. City of San Diego 

A plaintiff in a Public Records Act case may be the prevailing party and thus entitled to an award of attorney fees, even if a final judgment eventually dismisses the action—so long as the action was the catalyst for the defendant’s provision of the requested records.  Following Belth v. Garamendi (1991) 232 Cal.App.3d 896, this…

Harshad & Nasir Corp. v. Global Sign Systems, Inc.

Arbitration agreement that provided for full judicial review of the arbitration award—the same as if it had been a decision by a court—sufficiently specified that parties wanted enhanced judicial review, so they were entitled to receive review by normal appellate standards, not the restricted review normally given arbitration awards.  Just before trial, the parties agreed…

Jacobs v. Coldwell Banker Residential Brokerage Co.

Plaintiff could not save his complaint from summary judgment by raising a new theory of liability for the first time in his summary judgment opposition.  Summary judgment for defendant is affirmed in this case where plaintiff fell when the diving board on which he was standing collapsed causing him to fall into an empty swimming…

Sviridov v. City of San Diego

If a defendant in a Fair Employment and Housing Act lawsuit makes a section 998 offer that the plaintiff rejects and does not improve upon at trial, the defendant may recover its costs under section 998 notwithstanding the normal rule that a defendant cannot recover costs against the plaintiff in a FEHA action unless the…

Hovannisian v. First American Title Ins. Co.

Coverage under a standard California lender’s policy of title insurance terminates once the property is sold, without warranty, at a foreclosure sale.  To secure its loan to the owners, Wells Fargo obtained what was labelled “First Deed of Trust,” and it obtained a title policy insuring its lien’s status as the senior lien on the…

PGA West Residential Assn., Inc. v. Hulven International, Inc.

A suit to cancel a deed of trust defendant gave his wholly-owned corporation to avoid paying his debts was barred by the California Uniform Fraudulent Transfer Act’s a 7-year statute of repose on fraudulent transfer claims.  This decision holds that Civ. Code 3439.09(c)’s seven year limit is a statute of repose, not a statute of…

Jones v. Royal Administration Services, Inc.

An advertiser bears vicarious liability for a telemarketer’s Telephone Consumer Protection Act violations, if the telemarketer was an agent rather than an independent contractor—a question resolved under federal common law by applying the 10-factor Restatement of Agency test.  An advertiser bears vicarious liability for its telemarketer’s TCPA violations only if the telemarketer is an agent…

Russell City Energy Co., LLC v. City of Hayward

A city’s promise not to impose taxes other than real property taxes on plaintiff if it built a clean energy plant in the city was unenforceable as contrary to the state constitution, but plaintiff might be able to state a restitution claim to recoup sums it paid for that promise.  As part of the financial…

Light v. California Department of Parks & Recreation

The trial court improperly granted summary judgment to employer defendant on employee plaintiff’s claim of FEHA-prohibited retaliation for supporting a co-worker’s complaint of sex discrimination, after she provided sufficient evidence of (1) adverse employment actions and (2) retaliatory motive.  The trial court improperly granted summary judgment to defendant on plaintiff’s claim of retaliation in violation…

Cross v. Facebook, Inc.

Facebook was entitled to an Anti-SLAPP dismissal of claim based on third-party postings on a Facebook page about plaintiff’s sleep-deprived drivers causing serious traffic accidents, a matter of public concern.  An Internet website that allows third parties to post messages, like Facebook, is a public forum.  The website owner can satisfy its burden on the…