Primary practice area
First District holds the automatic bankruptcy stay does not bar appellate proceedings the debtor itself brought, and affirms a defense verdict and attorney-fee award in a $1.5 million loan-related contract and fraud dispute.
The California Supreme Court clarifies that an unreadably small or blurry contract goes to procedural unconscionability, not substantive unconscionability — but illegibility triggers heightened scrutiny of the underlying terms for unfairness.
Second District (on rehearing) holds Santa Barbara’s modernized video users’ tax applies to internet video streaming services like Hulu, Disney+, and ESPN+, and rejects challenges under the federal Internet Tax Freedom Act, the First Amendment, and California Constitution Article XIII C.
Third District affirms summary judgment for Zipcar in a serious personal-injury case, holding that a remote, app-based rental car company has no duty to inquire whether a member appears impaired at the time of rental.
Sixth District affirms a mandatory preliminary injunction compelling a sitting Santa Clara Valley Water District board member to return two confidential investigation reports she removed from district facilities, holding the claim-and-delivery law did not bar parallel injunctive relief.
First District affirms dismissal of an intentional-interference-with-expected-inheritance claim against the plaintiff’s brothers, holding the IIEI tort is not available where the plaintiff had an adequate remedy in probate (which she had earlier voluntarily dismissed).
Second District holds a personal-injury plaintiff’s pretrial settlement offer conditioned on the defendant’s insurer’s consent was a valid Code of Civil Procedure section 998 offer, because insurer consent is a necessary condition of any insured-defendant settlement whether stated or not.
Second District affirms a one-year LPS conservatorship renewal, holding the trial court adequately honored the conservatee’s jury-trial rights where she demanded a jury trial, was given time to consult counsel, and then personally withdrew her demand and confirmed her choice on the record.
Third District affirms denial of validation for Department of Water Resources bond resolutions tied to the long-running Delta Conveyance Project, holding the ‘Delta Program’ is so loosely defined that it cannot qualify as a permitted modification of the Feather River Project unit of the State Water Project.
Third District dismisses plaintiffs’ third appeal in an assisted-living negligence case, holding a postjudgment costs order entered after a voluntary dismissal without prejudice does not provide a back-door route to appellate review of an underlying summary-adjudication ruling.