Justia Civil Procedure Opinion Summaries

Articles Posted in California Courts of Appeal
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Humane officers from the Humane Society of the Sierra Foothills seized animals from Matthew C. Bakos's property under a search warrant issued pursuant to Penal Code section 597.1. Bakos subsequently sued the officers and a volunteer veterinarian, alleging negligence and abuse of process. The trial court granted summary judgment in favor of the defendants, ruling that although the defendants were not entitled to qualified immunity due to the lack of a postseizure administrative hearing, Bakos could not establish essential elements of his causes of action.The Superior Court of Placer County found that Bakos could not prove negligence because he could not establish a duty of care or breach of duty owed to him. The court also concluded that Bakos could not establish negligence per se because he was not a member of the class of persons for whose protection the statute was adopted, and the harm he suffered was not the type of harm the statute was designed to prevent. Regarding the abuse of process claim, the court found no evidence that any defendant harbored an ulterior motive. The court granted summary judgment in favor of the defendants.The California Court of Appeal, Third Appellate District, reviewed the case and concluded that summary judgment was proper as to the veterinarian, Fritz, and summary adjudication was proper as to all defendants on the abuse of process cause of action. However, the court found that there were triable issues of material fact regarding the negligence cause of action against the Humane Society, Roach, and Frieborn because Bakos was not afforded the opportunity for a postseizure administrative hearing, and the defendants did not establish entitlement to qualified immunity. The appellate court reversed the judgment as to the negligence cause of action against the Humane Society, Roach, and Frieborn, and affirmed the judgment in all other respects. View "Bakos v. Roach" on Justia Law

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Plaintiffs were injured during a nightclub shooting at a rap concert featuring performers from rival gangs. They sued the nightclub's owner and operators for negligence per se and strict liability on an ultrahazardous activity theory, claiming inadequate event planning and security. The trial court granted summary adjudication for the defendants on the negligence per se claim and judgment on the pleadings for the ultrahazardous activity claim, leading to a judgment in favor of the defendants. Plaintiffs appealed, arguing there were triable issues of fact for both claims.The Superior Court of Riverside County initially reviewed the case. The court granted summary adjudication on the negligence per se claim, finding that the conditional use permit was not designed to prevent the type of injuries sustained by the plaintiffs. Additionally, the court treated the motion regarding the ultrahazardous activity claim as a motion for judgment on the pleadings and granted it without leave to amend, concluding that hosting a rap concert, even with performers from rival gangs, was not an ultrahazardous activity.The Court of Appeal of the State of California, Fourth Appellate District, Division Three, reviewed the case. The court affirmed the lower court's judgment, holding that the plaintiffs failed to establish that the conditional use permit constituted a statute, ordinance, or regulation under the negligence per se doctrine. Furthermore, the court found that the permit was not designed to prevent the specific type of harm suffered by the plaintiffs. Regarding the ultrahazardous activity claim, the court concluded that hosting a rap concert, even with rival gang members, did not constitute an ultrahazardous activity as the risks could be mitigated with proper planning and security measures. The judgment in favor of the defendants was affirmed. View "Carmichael v. Cafe Sevilla of Riverside, Inc." on Justia Law

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The case involves James B. Church & Associates, P.C. (the Church Firm), which served as legal counsel for Dennis Shogren, the personal representative of the estate of Loren R. Kirk, in a probate action. The estate beneficiaries, including Barbara Sagehorn and the Carter Beneficiaries, alleged that the Church Firm negligently failed to file a protective claim for a refund with the IRS or advise Shogren to do so. This failure purportedly resulted in the estate missing out on a potential $5,000,000 tax refund.The Superior Court of San Bernardino denied the Church Firm's special motion to strike the causes of action under the anti-SLAPP statute. The court found that the firm did not demonstrate that the causes of action arose from its constitutionally protected free speech or petitioning activities. The Church Firm appealed this decision.The Court of Appeal, Fourth Appellate District, Division One, State of California, reviewed the case. The court conducted an independent review and agreed with the lower court's ruling. It determined that the alleged acts forming the basis of the petitioners' causes of action—specifically, the Church Firm's failure to file a protective claim for a refund and failure to advise Shogren to file such a claim—were not protected activities under the anti-SLAPP statute. The court emphasized that the anti-SLAPP statute protects statements or writings made before or in connection with an issue under consideration by a judicial body, not failures to act or speak.Therefore, the Court of Appeal affirmed the order denying the anti-SLAPP motion, concluding that the Church Firm did not meet its burden of proving that the causes of action arose from protected conduct. View "Callister v. James B. Church & Associates" on Justia Law

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Plaintiff Brian L. Sheehy, as trustee, sued Chicago Title Insurance Company over a dispute involving an easement on his property. Plaintiff designated an attorney, who had previously represented the defendant, as an expert witness to testify about the defendant's handling of the claim. The defendant filed a motion in limine to exclude this expert, arguing that the State Bar Rules of Professional Conduct prohibited the attorney from testifying adversely to the defendant. The trial court granted the motion to exclude the expert.Plaintiff then filed a petition for a writ of mandate with the Court of Appeal, which was summarily denied. Concurrently, plaintiff appealed the trial court's ruling, citing Brand v. 20th Century Insurance Company/21st Century Insurance Company (2004) for the proposition that the order was appealable. The Court of Appeal stayed the preparation of the record, considered dismissing the appeal, and requested briefing from the parties. A hearing was subsequently held.The California Court of Appeal, Fourth Appellate District, Division Three, dismissed the appeal. The court held that it only has jurisdiction over direct appeals from appealable orders or judgments. The court emphasized that, in ordinary civil cases, appeals are generally only permitted from final judgments to prevent piecemeal disposition and multiple appeals. The court distinguished between orders on motions to disqualify counsel, which are appealable, and orders on motions in limine, which are not. The court disagreed with the precedent set in Brand, concluding that orders on motions in limine are not appealable as they are not final collateral orders or injunctions. The court decided that such orders should be reviewed only by writ petition or by appeal from the final judgment. View "Sheehy v. Chicago Title Insurance Co." on Justia Law

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Plaintiffs, train dispatchers for Bombardier Mass Transit Corporation, filed claims for unpaid wages, alleging they were entitled to overtime wages and wage statement penalties for on-call time. Initially, they sought relief through the labor commissioner’s Berman hearing process, which was denied. Subsequently, they requested a de novo hearing in the San Diego Superior Court, where they prevailed, receiving over $140,000 in back wages and penalties. They then moved for attorney fees and costs, which the trial court granted, awarding $200,000.In the Superior Court of San Diego County, the plaintiffs' claims were initially denied by the labor commissioner. Upon seeking a de novo trial, the superior court ruled in favor of the plaintiffs, awarding them unpaid wages and penalties. The court also granted their motion for attorney fees and costs, amounting to $200,000, rejecting Bombardier’s argument that section 98.2, subdivision (c) was the exclusive statute for awarding attorney fees and costs in such cases.The Court of Appeal, Fourth Appellate District, Division One, State of California, reviewed the case. Bombardier contended that section 98.2, subdivision (c) should be the sole basis for awarding attorney fees and costs in a de novo trial following a Berman hearing. The appellate court disagreed, affirming the trial court’s decision. The court held that prevailing plaintiffs in superior court actions for unpaid wages are generally entitled to an award of reasonable fees and costs under sections 218.5, 226, and 1194, and nothing in section 98.2 suggests otherwise. The court emphasized that the Berman process is designed to benefit employees and should not restrict their remedies. Thus, the order awarding $200,000 in attorney fees and costs to the plaintiffs was affirmed. View "Villalva v. Bombardier Mass Transit Corp." on Justia Law

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Deari Cole was committed to a developmental center under California Welfare and Institutions Code section 6500, which allows for the commitment of individuals with developmental disabilities who are deemed a danger to themselves or others. Cole was charged with several crimes and found incompetent to stand trial. Subsequently, he was committed to the Porterville Developmental Center for one year. Just before the expiration of his commitment, the People filed a petition to extend it, and Cole was held pending trial on the recommitment petition. Cole filed a petition for writ of mandate or habeas corpus, arguing that equal protection principles required his release pending trial.The Contra Costa County Superior Court denied Cole's request for release pending trial, relying on section 6506, which allows for interim placement at a suitable facility. Cole's petition for writ of mandate or habeas corpus was summarily denied by the Court of Appeal. Cole then petitioned for review, and the California Supreme Court directed the Court of Appeal to vacate its order and issue an order to show cause.The California Court of Appeal, First Appellate District, Division Three, reviewed the case and rejected Cole's equal protection arguments. The court held that the statutory scheme under section 6500, which allows for continued confinement pending a hearing on a recommitment petition, did not violate equal protection principles. The court reasoned that the differences between individuals with developmental disabilities and those with mental health disorders or found not guilty by reason of insanity justified the different procedures. The court concluded that the legislative distinctions were reasonable and factually based. Consequently, the court dismissed Cole's petition as moot, as he had already been released from custody for unrelated reasons. View "Cole v. Superior Court" on Justia Law

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The Town of Apple Valley (TAV) sought to condemn a private water utility system via eminent domain. In November 2015, TAV passed two resolutions of necessity (RON) to acquire the water system, which was owned by Carlyle Infrastructures Partners and operated by Apple Valley Ranchos Water (AVR). In January 2016, TAV filed an eminent domain action to acquire the system. A day later, Carlyle sold the system to Liberty Utilities. After extensive proceedings, including a 67-day bench trial, the trial court found that TAV did not have the right to acquire the system and entered judgment and awarded attorney’s fees to Liberty. TAV appealed.The Superior Court of San Bernardino County ruled that Liberty bore the burden of proving by a preponderance of the evidence that at least one of the required elements for eminent domain was not satisfied. The court also ruled that Liberty need not submit the administrative record (AR) underlying TAV’s RONs. The trial court held a bench trial and issued a Statement of Decision (SOD) finding that Liberty met its burden, rejecting TAV’s evidence and relying on Liberty’s post-RON evidence. TAV’s objections to the SOD were overruled, and the court entered judgment for Liberty and awarded attorney’s fees.The California Court of Appeal, Fourth Appellate District, Division Two, reversed the trial court’s decision. The appellate court held that the trial court applied the wrong standard of proof and failed to give appropriate deference to TAV’s decision and findings. The trial court also improperly based its decision on post-RON facts and events. The appellate court remanded the matter for further proceedings consistent with its opinion, directing the trial court to determine whether to allow TAV to take the water system, remand the matter to TAV for further administrative proceedings, or hold a new trial applying the correct burdens of proof and standard of review. View "Town of Apple Valley v. Apple Valley Ranchose Water" on Justia Law

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A minor, L.W., suffered severe injuries when an Audi Q7, allegedly defective, surged forward and crushed him against a garage wall. L.W., his mother, and two siblings filed a products liability suit against Audi AG and Volkswagen Group of America Inc. (VWGoA), claiming the vehicle lacked necessary safety features. Audi AG, a German company, manufactures vehicles sold in the U.S. through VWGoA, which markets and sells them to authorized dealerships, including in California.The Superior Court of Placer County granted Audi's motion to quash service of summons, finding no personal jurisdiction. The court concluded that plaintiffs failed to establish Audi's purposeful availment of California's market or a substantial connection between Audi's activities and the plaintiffs' injuries. The court also found that exercising jurisdiction would not be reasonable or consistent with fair play and substantial justice.The California Court of Appeal, Third Appellate District, reviewed the case. The court found that Audi, through VWGoA, deliberately served the U.S. market, including California, and thus could reasonably anticipate being subject to suit in California. The court held that the plaintiffs met their burden of demonstrating Audi's purposeful availment and the relatedness of the controversy to Audi's contacts with California. The court also found that exercising jurisdiction over Audi would be fair and reasonable, given California's significant interest in providing a forum for its residents and enforcing safety regulations.The appellate court reversed the trial court's order granting the motion to quash and remanded the case with directions to enter a new order denying the motion. The plaintiffs were awarded their costs on appeal. View "L.W. v. Audi AG" on Justia Law

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Plaintiffs, ParaFi Digital Opportunities LP, Framework Ventures, L.P., and 1kx LP, invested in Curve, a decentralized cryptocurrency trading platform developed by Mikhail Egorov. They allege that Egorov fraudulently induced them to invest by making false promises about their stake in Curve and then canceled their investment, leading to claims of fraud, conversion, and statutory violations. Egorov, who developed Curve while living in Washington and later moved to Switzerland, formed Swiss Stake GmbH to manage Curve. The investment agreements included Swiss law and forum selection clauses.The San Francisco County Superior Court granted Egorov’s motion to quash for lack of personal jurisdiction, finding that Egorov did not purposefully avail himself of California’s benefits. The court noted that the plaintiffs initiated contact and negotiations, and the agreements specified Swiss jurisdiction. The court also denied plaintiffs’ request for jurisdictional discovery, concluding that plaintiffs did not demonstrate that discovery would likely produce evidence establishing jurisdiction.The California Court of Appeal, First Appellate District, Division Two, affirmed the lower court’s decision. The appellate court agreed that Egorov’s contacts with California were insufficient to establish specific jurisdiction, as the plaintiffs had solicited the investment and Egorov had not directed any activities toward California. The court emphasized that the plaintiffs’ unilateral actions could not establish jurisdiction and that the agreements’ Swiss law and forum selection clauses further supported the lack of jurisdiction. The court also upheld the denial of jurisdictional discovery, finding no abuse of discretion by the trial court. View "ParaFi Digital Opportunities v. Egorov" on Justia Law

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Sentinel Energy Center, LLC owns a power plant in North Palm Springs and hired DGC Operations, LLC (OPS) to manage and operate the plant. In 2017, during annual maintenance, five OPS employees failed to follow the new depressurization protocol for the fuel filter skid, leading to an explosion that killed Daniel Collins. Collins's family sued Diamond Generating Corporation (DGC), which has a 50% indirect ownership in Sentinel and is the parent company of OPS, claiming DGC's negligence in safety oversight led to Collins's death.The Superior Court of Riverside County denied DGC's request to instruct the jury on the Privette doctrine, which generally shields a hirer from liability for injuries to an independent contractor's employees. The jury found DGC 97% at fault and awarded the plaintiffs over $150 million. DGC's motions for nonsuit and judgment notwithstanding the verdict, based on the Privette doctrine, were also denied.The Court of Appeal of the State of California, Fourth Appellate District, Division Three, reviewed the case. The court declined to grant judgment notwithstanding the verdict to DGC, citing unresolved factual questions about whether DGC retained control over the plant and negligently exercised that control. However, the court found that the trial court erred in not instructing the jury on the Privette doctrine and its exceptions, which could have led to a more favorable outcome for DGC. Consequently, the appellate court reversed the judgment and remanded the case for a new trial with instructions to include the Privette doctrine and its exceptions. View "Collins v. Diamond Generating Corp." on Justia Law