Leider v. Lewis

Because an injunction may not issue to enforce penal laws, a taxpayer action cannot be brought to enjoin public expenditures that allegedly are illegal solely because they violate a penal statute.  A prior appeal of the case raised only the question of whether the plaintiff’s claim was justiciable or improperly sought to have the court…

Krechuniak v. Noorzoy

Defendant’s challenge to a settlement agreement clause providing for liquidated damages if defendant defaulted on its payment obligations required a fact-dependent determination from the trial judge, so it could not be raised for the first time on appeal.  In settling a prior lawsuit, defendant agreed to pay $500,000 over time to plaintiff but also execute…

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…

Urban Wildlands Group, Inc. v. City of Los Angeles

The mandatory attorney-fault provision of Code of Civil Procedure section 473(b) applies only to judgments of dismissal or default and not to other types of judgment, such as, here, a trial on the merits of an administrative mandate proceeding in which judgment was rendered for the defendant agency.  Disapproving its own prior decisions in Avila…

Quiles v. Parent

No supersedeas bond is needed to stay enforcement of a money judgment on appeal if the appellant pays any damages the judgment awards and appeals only the judgment’s award of attorney fees and costs.  As amended in 1993 after the decision in Bank of San Pedro v. Superior Court (1992) 3 Cal.4th 797, CCP 917.1…

Jarman v. HCR ManorCare, Inc.

The $500 cap on statutory damages for violations of Health and Safety Code § 1430(b) by a nursing home is not per lawsuit, but rather per cause of action.  This decision disagrees with Nevarrez v. San Marino Skilled Nursing & Wellness Centre (2013) 221 Cal.App.4th 122, and holds that the $500 cap on statutory damages…

City of Crescent City v. Reddy

Trial court did not abuse its discretion in appointing a receiver to cause defendant’s hotel to remediate housing code violations after judgment was entered against defendant and defendant was given 18 months in which to cure the violations on his own.  The decision affirms an order appointing a receiver of defendant’s hotel to carry out…

Flethez v. San Bernardino County Employees Retirement Ass’n

Pre-judgment interest on improperly denied retroactive disability retirement benefits began running on the date at which defendant retirement board issued the wrongful denial.  Pre-judgment interest on improperly denied retirement benefits runs not from the first date of disability or retirement for which benefits are payable but rather from the later date on which the retirement…

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…

Okafor v. United States

District court properly denied equitable relief to plaintiff whose attorney filed a claim challenging a forfeiture one day late, since this error was the result of ordinary negligence rather than an extraordinary circumstance that would warrant relief.  Plaintiff filed a claim challenging forfeiture of $99,500 one day late.  This decision upholds the district court’s denial…

Integrated Dynamic Solutions, Inc. v. VitaVet Labs, Inc.

A trial court may issue a preliminary injunction mandating an affirmative act that changes the status quo, but only in extreme cases when the right to the injunction is clearly established; in this case, the trial court properly ordered defendant software developer to turn over source code to its customer, the plaintiff, so plaintiff could…

Thompson v. Asimos

The trial court erred in awarding damages in the amount of the difference between the amount of commission the parties sought in a separate suit against a third party and the amount for which they settled that suit, since the outcome of the lawsuit if prosecuted to completion was merely a matter of speculation.  The…