Acqua Vista Homeowners Association v. MWI, Inc.

A materials supplier may be held liable under Civil Code 895 for defects in newly built residences only if (a) the supplier is strictly liable in tort, or (b) the supplier contributed to the defects by its own negligent act or omission or breach of contract.  Under the Right to Repair Act (Civ. Code 895),…

Koby v. ARS National Services, Inc.

District court abused its discretion by approving a class action settlement which provided no actual benefit to class members in exchange for release of their FDCPA claims.  With the named parties’ consent, a federal magistrate judge may rule on a motion for final approval of a settlement in a class action.  However, the magistrate judge…

Reynaga v. Roseburg Forest Products

Employee raised genuine issues of material fact as to racial discrimination and retaliation after he introduced evidence that his supervisor demeaned him with belittling, racist remarks and that he was fired after he complained about it.  The district court erred in granting the employer summary judgment in this race discrimination and retaliation lawsuit.  The employee,…

Leyva v. Crockett & Co., Inc.

Governmental immunity shielded the owner of the adjacent golf course, which had granted a trail easement to the government, from claims by a plaintiff who was injured by an errant golf ball while hiking on the trail.  Gov. Code 831.4 grants immunity from tort liability for injuries suffered on hiking trails to both the government…

Gillies v. JP Morgan Chase Bank, N.A.

The dismissal of a borrower’s fourth foreclosure delay lawsuit is affirmed based on res judicata and a lack of merit in the borrower’s securitization arguments.  In a short, tartly worded opinion, the court affirms dismissal of a borrower/attorney’s fourth lawsuit trying to stall foreclosure of his defaulted home loan.  It holds plaintiff had no viable…

Association of California Insurance Companies v. Jones

The California Insurance Commissioner did not exceed his powers in promulgating regulations governing an insurer’s communicating an estimate of replacement costs to an insured.  The Unfair Insurance Practices Act (Ins. Code 790-790.15) grants the Insurance Commissioner authority to promulgate regulations deeming insurance practices other than those set out in the UIPA to be unfair, deceptive…

Labertew v. Langemeier

A garnishment proceeding against a third party not involved in the original state court proceeding is a separate action which the garnishee can remove to federal court, and after removal, the action is governed by the federal rules of procedure, not state garnishment procedure.  A garnishment proceeding against a third party not involved in the…

Syed v. M-I, LLC

Prospective employer violated the Fair Credit Reporting Act by including a release of claims in the same document as the statutorily required notice that it might obtain a credit report on the applicant for employment purposes.  Under 15 USC 1681b(b)(2)(A), a prospective employer may obtain a credit report on a job applicant only if the…

Consumer Financial Protection Bureau v. Great Plains Lending, LLC

General legislation covers Indian tribes unless they are expressly excluded, so the Dodd-Frank Act is interpreted to regulate for-profit consumer lending enterprises of Indian tribes.  The Dodd-Frank Act grants the CFPB authority to regulate for-profit enterprises of Indian tribes that engage in consumer lending operations.  Though the act defines “state” to include Indian tribes, it…

Norcia v. Samsung Telecommunications America LLC

Since California law treats silence as non-acceptance of a contract offer, a consumer did not agree to arbitrate disputes with Samsung by failing to respond to an arbitration clause that was included in a warranty and product information booklet packaged with a Galaxy cellphone which the customer received after signing a Verizon subscription agreement.  Finding…

Kabran v. Sharp Memorial Hospital

So long as the notice of intention to move for a new trial is timely filed, the trial court may, in its discretion, consider late-filed affidavits supporting the motion. While the timely filing of a notice of intention to move for a new trial is jurisdictional—the trial court lacks jurisdiction to grant a new trial…

Retail Wholesale & Dept. Store Union Local 338 Retirement Fund v. Hewlett-Packard Co.

Disclosure of defendant company’s president’s misdeeds did not render the company’s previous touting of its ethics code an actionable misrepresentation or omission under Rule 10b-5, since ethics codes are inherently aspirational, not an actual depiction of corporate practice.  Plaintiffs failed to allege any actionable misrepresentation or omission and so their 10b-5 suit was properly dismissed. …