Higgins v. Higgins

Estate of elderly plaintiff was entitled to a constructive trust when plaintiff’s son’s wife diverted to her own use funds that son and wife agreed to hold in a bank account for plaintiff’s benefit.  Constructive trust is an equitable theory of recovery available when (1) the plaintiff has a specific, identifiable interest in property and…

Mendoza v. Nordstrom, Inc.

The Labor Code requirement that an employer give an employee a day of rest after six days of work applies on a calendar week basis, not a rolling basis, and applies during any week in which the employee works more than six hours in any one day.  Under Lab. Code 551 and 552, an employer…

Ford Motor Warranty Cases

On a motion to add more lawsuits to a coordinated proceeding, the coordination trial judge must accept the original coordination decision and grant the motion if the additional lawsuits are substantially similar to those already coordinated.  Following McGhan Medical Corp. v. Superior Court (1992) 11 Cal.App.4th 804, this decision holds that the standard for reviewing the…

G&W Warren, Inc. v. Dabney

Substantial evidence supported the trial court’s finding that the principal for a corporation that bought a motorcycle dealership from the plaintiffs knew about the transactions in which the corporation engaged and tacitly approved two 6-month deferrals of monthly payments of the purchase price, so he was not exonerated from his guarantee of the corporation’s obligations…

Park v. Board of Trustees of the California State University

A discrimination suit challenging a tenure decision is not subject to an Anti-SLAPP motion to strike even if the decision followed a public hearing and statements made at the hearing are used as evidence of bias.  A suit is not subject to an Anti-SLAPP motion to strike simply because it attacks a decision reached or…

Berman v. HSBC Bank USA, N.A.

A loan servicer violates Civil Code section 2923.6 by sending the borrower a loan modification denial letter erroneously stating that the borrower has only 15 days to appeal the denial.  Civil Code 2923.6 proscribes dual tracking—proceeding with foreclosure while a complete loan modification application is under review.  The section also requires a loan servicer to…

Hinrichs v. Melton

The trial court properly exercised its discretion to decree an easement by necessity benefitting a landlocked parcel over a route that caused the least disruption to the adjoining owners’ use of their properties.  A judgment granting a landlocked parcel’s owner an easement by necessity over neighboring properties to a road is affirmed.  For such an…

Garcia v. American Golf Corp.

Governmental immunity from liability for injuries on recreational trails does not shield a city from liability for injury from errant golf balls hit from an adjoining commercial golf course on city property. Gov. Code 831.4 grants governmental entities immunity from liability for injuries suffered on unpaved paths or trails.  Even if the paved Rose Bowl…

Hickcox-Huffman v. US Airways, Inc.

Plaintiff’s state-law-based breach of contract claim for delayed delivery of checked luggage was not preempted by the federal Airline Deregulation Act of 1978.  The Airline Deregulation Act of 1978 does not preempt a state law breach of contract claim against an air carrier.  Here, plaintiff alleged that the carrier breached its contract when it charged…

Friedman v. AARP, Inc.

Plaintiff stated a viable unfair competition law claim by alleging that the insurer paid almost 5% of his Medicare gap insurance premiums to the American Association of Retired People as a disguised commission even though it was not a licensed California insurance agent.  A plaintiff who bought Medicare gap insurance through the AARP Insurance Plan,…

San Diegans for Open Government v. San Diego State University Research Foundation

Plaintiff’s lawsuit against San Diego State University was properly dismissed since, despite being couched as a contract-related claim, the suit actually sought to challenge protected news-gathering and reporting for KPBS, a station owned by the university.  SDOG’s suit against inewsource and KPBS charged that the contract between them violated Gov. Code 1090 because Hearn was…