F.E.V. v. City of Anaheim

Prior state court judgment based on collateral estoppel effect of a federal court judgment is not entitled to res judicata effect after the federal court judgment was reversed on appeal.  On a prior appeal, the state Court of Appeal affirmed a judgment dismissing plaintiff’s claims based on the collateral estoppel effect of a federal court…

Association des Eleveurs de Canards et d’Oies du Quebec v. Becerra

California’s law banning foie gras and other products made from force-fed birds is not preempted by the federal Poultry Products Inspection Act, since that act only prohibits states from imposing ingredient requirements, as opposed to restrictions on animal husbandry practices.   The Poultry Products Inspection Act (21 U.S.C. § 467e) prohibits states from imposing “ingredient requirements”…

Campidoglio v. Wells Fargo Bank, N.A.

The Home Owners Loan Act does not preempt a state law breach of contract claim that the bank miscalculated adjusted interest rates on loans, since common law breach of contract claims impose no requirements other than those the bank voluntarily assumed in its own agreements.  The Home Owners Loan Act does not preempt a state…

Branch Banking & Trust Co. v. D.M.S.I., L.L.C.

The Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) preempts a Nevada law that limited deficiency judgments on foreclosure to the amount by which the price the owner paid to acquire the loan exceeded the foreclosure sale price.  BB&T acquired three loans from the same group of defendants when it bought Colonial Bank’s assets from…

Roth v. Plikaytis

Trial court abused its discretion in declining to consider time records that had been filed with a previous attorney fee motion in the case and were incorporated by reference in a later attorney fee motion in the same case, since parties are permitted to incorporate by reference any paper previously filed in the action.  Under…

Aviles-Rodriguez v. Los Angeles Community College Dist.

The Fair Employment and Housing Act’s one year statute of limitations starts to run from the date of termination of employment of a faculty member, rather than the earlier date on which he was denied tenure for allegedly discriminatory reasons.  Following Romano v. Rockwell Internat., Inc. (1996) 14 Cal.4th 479, this case holds that FEHA’s…

Rubenstein v. Doe No. 1

CIVIL PROCEDURE—STATUTE OF LIMITATIONS The last act in a series of sexual abuses remains the date of accrual of the claim for purposes of Gov. Code 901 and 905 requiring, as a condition of suing a government entity, that a claim be filed within 6 months of the accrual of the cause of action.  Following…

Riddell, Inc. v. Superior Court

If the issues in a insurance coverage declaratory relief action overlap the issues in the underlying litigation against the insured, the insurer cannot, over the insured’s objection, take discovery on the overlapping issues or litigate them in the declaratory relief action.  If the issues in a declaratory relief action over insurance coverage overlap the issues…

Miller v. City of Portland

Defendant’s Rule 68 offer of judgment resulted in a binding contract whereby plaintiff was to receive reasonable attorney fees to be awarded by the court; consequently, court could not revisit whether fee award was permitted, only what sum would be reasonable.  Plaintiff accepted defendant’s Rule 68 offer of judgment in an action under 42 USC…

In re Google Referrer Header Privacy Litig. (Goas v. Google, Inc.)

Cy pres award in class action settlement was proper, even though defendant had given donations in the past to some of the cy pres recipients and plaintiff’s counsel were alumni of the recipient institutions.  This decision affirms a cy pres-only settlement awarding $3.2 million in fees to plaintiffs’ attorneys and $5.3 million in cy pres…

Montanore Minerals Corp. v. Blake

Under Colorado River, district court should have abstained from ruling in a suit to condemn easements and other rights as against the defendants’ mining claims, since a state court had already declined to enter a decree that the mining claims were invalid. The Court of Appeals holds that the district court erred in not abstaining in…

Jacobs v. Coldwell Banker Residential Brokerage Co.

Plaintiff could not save his complaint from summary judgment by raising a new theory of liability for the first time in his summary judgment opposition.  Summary judgment for defendant is affirmed in this case where plaintiff fell when the diving board on which he was standing collapsed causing him to fall into an empty swimming…