California Court Of Appeal
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No cash for woman in case of exploding showerhead
LOS ANGELES (Legal Newline) - A woman who claimed she was injured by an exploding shower nozzle failed to muster any evidence a hotel was to blame, an appeals court ruled, rejecting her argument a maid must have damaged the device while she was out shopping. -
Lawyer asked for $300K in fees for small win but got nothing, now will get what's 'reasonable'
LOS ANGELES (Legal Newsline) - A labor lawyer whose dream of $300,000 in fees for helping a client win $7,600 was shattered by a Los Angeles judge is heading back to court to argue what a reasonable amount would be. -
Handwritten business agreement drafted in coffee shop is valid, court finds
LOS ANGELES (Legal Newsline) - A two-page, handwritten document drafted in a coffee shop is a valid contract between men who discussed buying a collection of gas stations for more than $12 million, a California appeals court ruled, reversing a trial court that found the document was too imprecise to enforce. -
Paralyzed man loses lawsuit against Newport Beach over headfirst dive into shallow water
SANTA ANA, Calif. (Legal Newsline) - A California city can't be sued by a man who was paralyzed when he dove headfirst into shallow water in Newport Bay, an appeals court has ruled. -
Judge must ask more questions before dropping 'rape shield' in school sex abuse case
SAN FRANCISCO (Legal Newsline) - A sex-abuse trial involving a school teacher that was halted after several days can only resume after the judge makes a more thorough determination of whether the plaintiff can be asked about a subsequent episode of abuse, California’s highest court ruled. -
Labor class actions under PAGA needn't be manageable, California court rules
SAN DIEGO (Legal Newsline) - Sticking to its interpretation of the law unless the California Supreme Court decides otherwise, an appeals court ruled that labor lawsuits under the state Private Attorneys General Act needn’t meet the manageability requirements of other class actions. -
Synagogue shooter's hunting license wasn't valid, court rules in lawsuit against gun shop
LOS ANGELES (Legal Newsline) - Congregants at a synagogue that was the target of a 2019 fatal shooting incident can sue the gun shop that sold the assailant his gun, a California appeals court ruled, citing a statute passed after the attack that established the shooter didn’t possess a valid hunting license when he bought his gun. -
Uber must face labor class action, even though Plaintiff has to arbitrate
SAN FRANCISCO (Legal Newsline) - Declaring itself to be the “final arbiter” on California law, the California Supreme Court ruled an Uber Eats driver can pursue a class action on behalf of other drivers even though the U.S. Supreme Court last year held the driver himself must submit labor claims to an arbitrator. -
Boss' blow-up after employee voices safety concerns costs him $7 million
LOS ANGELES (Legal Newsline) - An employee of a hologram production company will get to keep his $6 million punitive damages award after alleging he was retaliated against over safety concerns at a Los Angeles theater. -
No antitrust claim for salesman fired after bad-mouthing merger
SAN DIEGO (Legal Newsline) - A title-insurance salesman who tried to win customers by warning them about the anticompetitive effects of a pending merger has no case, a California court ruled, saying he wasn’t the right party to make an antitrust claim. -
Appeals court tees off on Calif. plaintiff lawyers in case against Kia
SAN DIEGO (Legal Newsline) - An aspiring actress who suffered a traumatic brain injury after the driver of the Kia Forte she was riding in made a sudden U-turn across a three-lane highway won’t get a second chance at winning money from the manufacturer after a California appeals court rejected her arguments Kia should have been penalized for withholding documents and the jury room was too small. -
Maxine Waters can be sued for claiming opponent faked Navy discharge papers
LOS ANGELES (Legal Newsline) - Congresswoman Maxine Waters must face trial over a political opponent’s claim she said he had been dishonorably discharged from the Navy even after he produced documents showing the statement was false, a California appeals court ruled. -
Locked out, man chooses to drop from roof to balcony; Now he can sue landlord over his fall
LOS ANGELES (Legal Newsline) - A California court has ruled that a man who was locked out of his apartment can sue the building's owner after he tried to scale down to his balcony from the roof but instead fell. -
Court allows plaintiff to have wife/witness at deposition, as emotional support
SAN DIEGO (Legal Newsline) - A man who claims he needs his wife present at a deposition to help him deal with post-traumatic stress disorder will probably get his wish even though she could be a witness in his lawsuit against the hospital he accuses of causing his PTSD. -
Los Angeles city attorney loses lawsuit over typhus infection from homeless encampment
LOS ANGELES (Legal Newsline) - A Los Angeles deputy city attorney who says she contracted typhus from the trash-infested homeless encampments around City Hall can’t sue the city for failing to maintain cleaner conditions, an appeals court ruled. -
Calif. cities can collect soda taxes despite state law
SACRAMENTO, Calif. (Legal Newsline) - California cities can collect sales taxes on soda and sugar-sweetened drinks despite a state law that would have penalized them by cutting them off from all sales taxes, an appeals court ruled, upholding a trial court decision declaring the law unenforceable. -
Nursing home sanctioned over discovery delays it blamed on COVID-19
SAN DIEGO (Legal Newsline) - A California nursing home operator deserved more than $50,000 in sanctions for repeatedly missing deadlines to turn over evidence in an elder abuse lawsuit, an appeals court has ruled. -
$25 million verdict stands despite judge's ex parte communications
LOS ANGELES (Legal Newsline) - A California school district lost its bid to overturn a $25 million wrongful-dismissal verdict despite citing communications between the trial judge and a colleague who was an ex-partner of the winning law firm, after an appeals court found no reason to suspect a conflict. -
Court: Losing your foot was notice of possible malpractice claim
LOS ANGELES (Legal Newsline) - A man who developed gangrene and had to have his foot amputated waited too long to sue a California county for medical malpractice, an appeals court ruled, rejecting the plaintiff’s argument he only discovered he had a potential claim after visiting the Mexican consulate on another matter months after his foot was cut off. -
Court: Stroke victim was in no shape to sign arbitration agreement
VENTURA, Calif. (Legal Newsline) - A California skilled nursing facility will have to fight a wrongful death lawsuit, as a state appeals court has found the patient lacked the capacity to enter into an arbitration agreement.