Microsoft Corp. v. Baker

A Court of Appeals lacks jurisdiction to entertain an appeal from a district court order denying class certification or striking class allegations after the named plaintiff has voluntarily dismissed his individual claims.  After unsuccessfully petitioning for leave to appeal the district court’s order denying class certification, plaintiffs stipulated to a dismissal of the case with…

Hutcheson v. Eskaton Fountainwood Lodge

Committing a senile elderly person to a residential care facility is a “health care” decision, so only a person holding a health care power of attorney may make that decision for the elder; as a result, a facility’s arbitration agreement signed by an agent with only a regular power of attorney was not binding.  California…

SolarCity Corp. v. Salt River Project Agricultural Improvement & Power Dist.

An order denying a motion to dismiss an antitrust action based on state action immunity is not immediately appealable under the collateral order doctrine.  Disagreeing with the 11th Circuit and instead following the Fourth and Sixth Circuits, this decision holds that an order denying a motion to dismiss an antitrust action based on state action…

Mahan v. Charles W. Chan Insurance Agency, Inc.

An elderly couple stated an elder abuse claim against an insurance agency that schemed to gut their whole life insurance policies and replace them with a less desirable policy, all for the purpose of earning a larger commission.  An elderly couple stated an elder abuse cause of action against the insurance agency which arranged to…

Brenner v. Universal Health Services of Rancho Springs, Inc.

Defendant hospital was entitled to summary judgment after plaintiff’s expert declaration stated only that husband “could have survived” had defendant treated him in accord with the standard of care—but stopped short of saying that survival was more likely than not but for the hospital’s acts, which is the standard for showing causation in a medical…

Kokesh v. SEC

An SEC enforcement action brought in federal court seeking civil penalties, disgorgement, and an injunction is subject to 28 USC 2642’s five-year limitations period for suits on a statutory penalty.  An SEC enforcement action brought in federal court seeking civil penalties, disgorgement, and an injunction is subject to 28 USC 2642’s five-year limitations period for…

Town of Chester v. Laroe Estates, Inc.

A party that seeks to intervene in a pending action as of right under Federal Rule of Civil Procedure 24(a)(2) must meet Article III standing requirements if it wishes to pursue relief that is different from or in addition to the relief requested by the plaintiff, such as, here, a money judgment in favor of…

Weatherford v. City of San Rafael

To establish taxpayer standing under California Code of Civil Procedure 526a, a plaintiff need not allege he paid real property taxes, payment or liability to pay any tax assessed by the defendant government entity suffices.  Under CCP 526a, a person who is assessed and is liable to pay a tax or who has paid a…

IAR Systems Software, Inc. v. Superior Court

Only the prosecutor, not any third party, owes a criminal defendant a duty to disclose material exculpatory evidence, and even the prosecutor need not disclose such evidence if it is developed by a third party not acting under the prosecutor’s control.  Under Brady v. Maryland (1963) 373 US 83, a prosecutor must disclose material exculpatory…

Guan v. Hu

Although Civil Code 1692(b) allows a court in a rescission action to grant “any party any other relief to which he may be entitled under the circumstances” if it finds that the parties’ contract has not been rescinded, the quoted language does not allow a trial court to readjust the parties’ rights or grant relief…

Pacific Bay Recovery, Inc. v. California Physicians’ Services, Inc.

Under the Knox-Keene Health Care Services Act, an out-of-network provider who gave substance abuse treatment to PPO subscribers was entitled to be paid by the PPO only the amount shown on its explanation of benefits form, since the treatment was not an emergency medical service and the provider had no contract with the PPO.  Under…

People v. Overstock.com, Inc.

It was not an abuse its discretion to assess defendant $6.8 million in civil penalties for false advertising and UCL violations in light of factual findings that defendant falsely advertised its products using price comparisons with similar (but not the same) products, choosing the highest available price rather than average price for comparison, and using…