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…

Civil Rights Education & Enforcement Center v. Hospitality Properties Trust

Disabled plaintiff has Article III standing for his lawsuit under the Americans with Disabilities Act so long as he alleges he was deterred from using defendant’s facilities because of its failure to make suitable accommodations for disabled persons; he need not have actually visited the facility and been turned away.  A plaintiff may establish Art….

Mendoza v. Nordstrom, Inc.

Suits under the Private Attorney Act are unlike class actions in that plaintiffs cannot belatedly add new plaintiffs to carry on the suit in place of the original named plaintiffs, if it turns out the original plaintiffs’ claims fail.  After receiving the California Supreme Court’s answers to certified questions, the Ninth Circuit dismisses this day-of-rest…

Ayala v. Dawson

On his motion to quash service of summons in an unlawful detainer action against him, plaintiff fully litigated his claim that he was fraudulently induced to sign a lease rather than a loan agreement, so the unlawful detainer judgment collaterally estopped him from pursuing his parallel civil action.  The holder of record title, Dawson, sued…

Kaiser Foundation Health Plan, Inc. v. Superior Court

The courts lack the power to confirm or review an interim arbitration award that does not resolve all disputed issues submitted to the arbitrator for decision.  The trial court lacks the power to confirm, and the Court of Appeal lacks jurisdiction to hear an appeal from confirmation of, an interim arbitration award that does not…

Baker v. Italian Maple Holdings, LLC

The fact that plaintiff-patient died within the 30-day period during which she could rescind an agreement to arbitrate medical malpractice claims against a medical service provider (here, a 24-hour skilled nursing facility) does not invalidate the arbitration agreement. Disagreeing with Rodriguez v. Superior Court (2009) 176 Cal.App.4th 1461, this decision holds that the fact that the…