California Case Summaries

4th District Court of Appeal, Labor & Employment Law, Litigation

The Merchant of Tennis, Inc. v. Superior Court — Curative Notice to Class Members Who Revoke Settlements Must Reflect California Rescission Statutes

Fourth District grants writ relief, holding that a curative class-action notice informing putative class members they may revoke individual settlement agreements must also tell them California rescission statutes require return of the settlement payment.

4th District Court of Appeal, Civil Procedure, Litigation

Barbanell v. Lodge — Petitioner Who Wins a Court Order Appointing a New Arbitrator Is a ‘Prevailing Party’ Entitled to Fees

Fourth District holds that a party who wins a discrete court petition to appoint a new arbitrator is the prevailing party in that proceeding and is entitled to attorney fees under the underlying contract, even though the parties' substantive disputes remained pending in arbitration and a parallel lawsuit.

1st District Court of Appeal, Administrative Law, Real Estate Law

Mendocino Railway v. Meyer — Skunk Train Operator Qualifies as a Public Utility With Eminent-Domain Authority

First District reverses a trial-court ruling that the Mendocino Railway (operator of the Skunk Train) was not a public utility, holding that the railroad's federal common-carrier status and demonstrated freight and passenger service make it a public utility entitled to exercise eminent domain.

3rd District Court of Appeal, Labor & Employment Law, Litigation

Sierra Pacific Industries Wage and Hour Cases — Defendant Waived Right to Compel Arbitration by Litigating for Years and Hiding Agreements

Third District affirms denial of Sierra Pacific's motion to compel arbitration in coordinated wage-and-hour class actions, finding the company waived arbitration rights by litigating for years and refusing to produce signed arbitration agreements until after class certification.

1st District Court of Appeal, Civil Procedure, Environmental Law, Litigation

In re Fuel Industry Climate Cases — California Has Specific Personal Jurisdiction Over Out-of-State Oil Company in Climate-Damages Suit

First District holds California courts may exercise specific personal jurisdiction over Citgo Petroleum in coordinated climate-damages litigation brought by California cities and counties, based on Citgo's longstanding gasoline supply contracts with California retailers.

4th District Court of Appeal, Administrative Law, Litigation

American Medical Response of Inland Empire v. County of San Bernardino — County Had Discretion to Pick a Different EMS Bidder Even When AMR Scored Highest

Fourth District reverses a preliminary injunction that had blocked San Bernardino County from awarding its exclusive EMS contract to a fire-services bidder over incumbent AMR, holding the County retained discretion to weigh proposals and was not required to advance only the highest-scoring bid.

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