Bristol-Myers Squibb Co. v. Superior Court

California cannot exercise personal jurisdiction over non-residents’ claims against a foreign corporation merely because the corporation engaged in the same conduct in California as to resident plaintiffs.  California cannot exercise general jurisdiction over Bristol-Myers, which is not incorporated in, nor does it have its principal place of business in, California.  California may exercise specific jurisdiction…

Hilliard v. Harbour

Senior citizen who held controlling interest in corporate borrower could not state elder abuse claim against lender that foreclosed on borrower; the senior citizen suffered only derivative harm; any damage claim belonged solely to the corporate borrower.  Hilliard, a 78-year-old, owned a controlling interest in Crystal Companies, which owned radio stations.  Wells Fargo lent $20…

Guido v. Mount Lemmon Fire Dist.

The federal Age Discrimination in Employment Act applies to all state and local government agencies without regard to the number of workers they employ, though it applies to private employers only if they have 20 or more workers.  Disagreeing with four other circuits, the Ninth Circuit finds that the definition of “employer” in the Age…

Zubillaga v. Allstate Indemnity Co.

Summary judgment for insurer on bad faith claim is reversed due to a triable issue as to whether insurer’s dispute about the claim amount was genuine since the insurer had not updated its medical expert’s opinion based on new evidence of the extent of the insured’s injuries.  Allstate was not entitled to summary judgment on…

Packingham v. North Carolina

State statute violated the First Amendment by forbidding registered sex offenders from accessing websites if the site allows minors to be members, because the prohibition was not sufficiently narrowly tailored to the state’s interest in protecting minors.  This decision strikes down a North Carolina statute that makes it a felony for a registered sex offender…

Matal v. Tam

The prohibition on trademarking offensive or disparaging marks—here, an Asian dance rock band called “The Slants”—violated the First Amendment, since the prohibition serves no substantial governmental interest and is not narrowly drawn.  The Lanham Act’s anti-disparagement provision which bars registration of trademarks that disparage persons, institutions, beliefs or national symbols violates the First Amendment.  A…

In re Turner (Turner v. Wells Fargo Bank, N.A.)

A borrower lacks standing to challenge foreclosure based on late assignment of the loan to a securitized trust as breach of the trust agreement renders the assignment voidable, not void, the borrower is not a third party beneficiary of that agreement, and the defects do not harm the borrower who would be foreclosed anyway.  A…

Scher v. Burke

Post-1972 public use of non-coastal land for any purpose cannot ripen into a prescriptive easement or implied dedication of the property.  Under Civil Code 1009(b) no post-1972 public use of non-coastal land (more than 1,000 feet from the shore) can ripen into an implied dedication of the land or an easement in it.  This case…

Ryan v. Rosenfeld

An order denying a motion to vacate judgment is a separately appealable order, even if the issues raised on appeal overlap issues that the appellant could have or did raise on an appeal from the underlying judgment.  An order denying a motion to vacate judgment under CCP 663 is a separately appealable order even if…

Black Sky Capital, LLC v. Cobb

CCP 580d does not bar a creditor from suing a borrower to collect on a note secured by a junior lien that was extinguished by a non-judicial foreclosure of a senior lien, even if the creditor also held the senior lien on which it non-judicially foreclosed.  Disagreeing with Simon v. Superior Court (1992) 4 Cal.App.4th…

Henson v. Santander Consumer USA, Inc.

An entity that collects debts that it has purchased for its own account is not a “debt collector” for FDCPA purposes, since it is collecting on the debts for itself and not for another.  An entity that collects debts that it has purchased for its own account is not a debt collector subject to the…

Weil v. Elliott (In re Elliott)

11 USC 727(e) sets a one-year-from-discharge time limit on a bankruptcy trustee’s request to revoke the discharge based on debtor’s fraud,  but since it is a statute of limitations, the debtor waives its protection if he fails to plead that defense in his answer.  Under 11 USC 727(d), a bankruptcy court must revoke the debtor’s…