Vieira Enterprises, Inc. v. McCoy

Substantial evidence supported court’s determination that plaintiff had not obtained sole ownership of the road easement between his property and defendant’s; fence and gate did not constitute adverse possession because they had been erected by defendant’s predecessor to prevent plaintiff’s mobile home park’s tenants from crossing onto defendant’s property.  Substantial evidence supported the trial court’s…

Zetwick v. County of Yolo

In order to reach a jury, plaintiff did not need to introduce evidence that unwelcome sexual advances from plaintiff’s supervisor are both severe and pervasive; since the statute is disjunctive, she only needed to proffer evidence of one of these aspects.  Summary judgment for employer is reversed in this sex discrimination/hostile work environment case.  A…

Perry v. Bakewell Hawthorne LLC

If a party fails to exchange expert witness information in response to a timely demand, and the time to respond expires before the summary judgment motion is filed, the non-responding party may not rely on expert testimony to oppose the summary judgment motion over the moving party’s objection, unless the trial court relieves the non-responding…

Life Technologies Corp. v. Promega Corp.

While it is illegal to supply from the United States “all or a substantial portion” of the components of a patented invention for assembly or combination abroad, the export of a single component of the patented invention cannot constitute a “substantial portion” of the components and so cannot violate the statute; “substantial” is a quantitative…

Lynn v. Tatitlek Support Services, Inc.

The going-and-coming exception to respondeat superior absolved defendant from liability for injuries from car crash caused by employee who was offered free bus transportation to job site but elected to drive, and who was not on the clock during the car journey.  The Marines hired defendant to create realistic military exercises in the high desert…

Doe v. United States Youth Soccer Assn., Inc.

Youth soccer league owes duty of care to child participants to perform criminal background checks on adult volunteers and employees, but no duty to warn or train the children or their parents about the risk of sexual misconduct.  A youth soccer league holds a special relationship to the children that enroll in its programs, requiring…

Bates v. Bankers Life & Cas. Co.

An order denying class certification or striking class allegations is not a final or appealable order and is not certifiable for immediate appeal under Federal Rule of Civil Procedure 54(b); instead a party may only seek appellate review under Rule 23(f) or 28 U.S.C. § 1292(b).  An order denying class certification or striking class allegations…

Finch Aerospace Corp. v. City of San Diego

The governmental immunity for misrepresentations does not bar a claim for business disparagement, but suit was properly dismissed anyway because the alleged slander did not specifically refer to the plaintiff’s product or business.  Gov. Code § 818.8 immunizes a government entity from liability for a misrepresentation by one of its employees.  The section immunizes a…

Professional Collection Consultants v. Lauron

Without establishing the accrual date of claims for payment of old credit card debt, defendant could not prove the limitations period had expired and so was not entitled to summary judgment.  In this case, the appellate court reverses a summary judgment for the consumer who was sued by a debt collector on debts owed on…

Argentieri v. Zuckerberg

Corporation’s general counsel’s email to the press about its recently-filed lawsuit was not protected by the absolute litigation privilege but was protected by the privilege for fair and true reports to a publication about a judicial proceeding.  Facebook’s general counsel’s email to the press concerning the company’s filing a malicious prosecution suit against Argentieri was…

Doe v. State of California

Trial court properly granted Anti-SLAPP motion filed by State of California in lawsuit brought by individual who was claiming the State threatened him with arrest or prosecution if he failed to register as a sex offender.  The State of California, like other public entities, may bring an Anti-SLAPP motion.  Here, plaintiff sued the state and…

Southern California Sunbelt Developers, Inc. v. Banyan Ltd. Partnership

Fees and expenses of a receiver appointed as a provisional remedy may, in the trial court’s discretion, be awarded in whole or part as costs to the prevailing party in the litigation.  The fees and expenses of a receiver appointed as a provisional remedy may, in the trial court’s discretion, be awarded in whole or…