Justia Civil Procedure Opinion Summaries

Villa Zinfandel, LLC purchased real property in Napa County from a party that acquired it at a foreclosure sale. Christopher Bearman was occupying the property at the time. Villa Zinfandel filed an unlawful detainer complaint against Bearman as a limited civil action, seeking possession and holdover damages, as required by law after purchasing foreclosed property. Meanwhile, a third party, Edward Sanchez, filed a separate unlimited civil action to set aside the trustee’s deed upon sale, alleging violations in the foreclosure process. Bearman moved to consolidate the two actions, arguing that the issues overlapped. The trial court ultimately consolidated both cases for all purposes.Following consolidation, the trial court granted summary adjudication against Sanchez on his claim to unwind the foreclosure, while Villa Zinfandel’s unlawful detainer claim proceeded to trial. At trial, Villa Zinfandel introduced recorded foreclosure documents and the trustee’s deed upon sale. Bearman objected to the admission of these documents, arguing lack of foundation and hearsay, and contended that Villa Zinfandel needed to prove the truth of the recorded statements, not just their existence. The trial court overruled these objections, took judicial notice of the documents’ existence (but not their truth), and found in favor of Villa Zinfandel, awarding damages exceeding the then-applicable $35,000 cap for limited civil actions.On appeal, Bearman argued to the California Court of Appeal, First Appellate District, Division One, that the trial court erred by admitting the recorded documents and by awarding damages above the jurisdictional limit. The appellate court held that the trial court properly took judicial notice of the existence and facial contents of the recorded foreclosure documents and correctly applied legal presumptions regarding the regularity of the trustee’s sale. The court also held that, after consolidation for all purposes with an unlimited civil action, the case was no longer subject to the damages cap for limited civil actions. The judgment in favor of Villa Zinfandel was affirmed. View "Villa Zinfandel v. Bearman" on Justia Law

The plaintiff stayed at a hotel in San Diego in 2017 and alleged that he suffered injuries due to a bed bug infestation in his room. He filed a lawsuit against the hotel operator and associated parties, asserting several causes of action, including negligence, battery, and breach of warranty of habitability. After the case was filed, the plaintiff dismissed two defendants without prejudice. However, he delayed serving the main defendants for nearly three years. Once served, the defendants initiated discovery, but the plaintiff repeatedly failed to provide responses, even after extensions were granted and orders were issued by the court compelling compliance.The Superior Court of San Diego County, after multiple unopposed motions by the defendants and ongoing failures by the plaintiff and his counsel to comply with discovery orders, granted terminating sanctions. This resulted in dismissal of the action with prejudice and imposition of monetary sanctions. The plaintiff’s attorney argued that he lost contact with his client and sought relief under section 473(b) of the Code of Civil Procedure, claiming attorney fault. The Superior Court set aside one dismissal order but ultimately denied relief from the terminating sanctions, finding the plaintiff and his attorney failed to justify their conduct or show the neglect was excusable. The court reaffirmed its dismissal and monetary sanctions.On appeal, the California Court of Appeal, Fourth Appellate District, Division One, held that the mandatory relief provision of section 473(b) applies to an unopposed order granting dismissal as a terminating sanction. However, the court concluded the plaintiff did not meet his burden to demonstrate entitlement to relief, as the record showed he did not explain his lack of communication with counsel and his attorney’s failure to act was deliberate rather than inadvertent. The appellate court also found no abuse of discretion in the imposition of terminating sanctions and affirmed the judgment. View "Rodriguez v. WNT, Inc." on Justia Law

A disabled individual, who uses a wheelchair, visited a toy store owned by a business entity in Los Angeles. He claimed that the sales counter was too high for him to use comfortably, allegedly deterring him from making a purchase. The individual subsequently filed lawsuits under both federal and state law, alleging violations of the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act. The federal court dismissed the ADA claim as moot after the store remedied the alleged violation, and the state court tried the Unruh Act claim. During trial, the plaintiff testified about his intent to shop and the difficulties encountered, but the store presented evidence that no such customer was seen and that employees would have greeted him.The Superior Court of Los Angeles County presided over the state Unruh Act action. The judge found the plaintiff's testimony not credible, determining that he entered the store solely to look for ADA violations rather than to shop, and did not suffer any difficulty or denial of access. Judgment was entered for the store, and the plaintiff did not appeal. The store then filed a malicious prosecution action against the plaintiff and his attorneys, alleging they pursued claims knowing essential facts refuted their allegations. The defendants moved for summary judgment, arguing they had probable cause and acted without malice. The trial court granted summary judgment for all defendants, declining to apply issue preclusion to the prior judge’s factual findings.Upon appeal, the Court of Appeal of the State of California, Second Appellate District, Division Three, held that the prior judge’s findings regarding the plaintiff’s intentions and actions were entitled to preclusive effect and sufficient to raise triable issues of fact about probable cause and malice as to the plaintiff. However, the appellate court found no similar evidence against the attorneys, as they relied on information provided by the plaintiff. The judgment was reversed as to the plaintiff and affirmed as to the attorneys. View "Landis' Labyrinth v. Whitaker" on Justia Law

A homeowners association in San Diego, governed by the Davis-Stirling Act and its own bylaws, held a recall election to remove a board director. The association distributed recall ballot materials, including a candidate statement from the sole candidate seeking to replace the director if the recall succeeded. The sitting director sought to include her own statement in these materials to advocate against her removal but was denied by the elections inspector, who reasoned that only candidate statements were included. The association’s election rules defined “association media” to exclude candidate forms or statements attached to ballots.Previously, the Superior Court of San Diego County, in a separate action brought by the same director, found no violation of the statutory equal-access requirement for association media, concluding that all candidates had equal opportunity to submit statements using the association’s forms for regular board elections. Following the recall, the director filed a new petition and complaint challenging the association’s refusal to distribute her statement, alleging violations of Civil Code section 5105, various Corporations Code provisions, and negligence. After a bench trial, the Superior Court again ruled for the association and the inspector, finding the candidate statement was not “association media” under the relevant statute and that the recall vote met statutory requirements.The California Court of Appeal, Fourth Appellate District, Division One, reversed. It held that “association media” as used in Civil Code section 5105 does encompass ballot materials containing candidate statements distributed by the association during an election. The court concluded the director was entitled to equal access to these materials to advocate her position. The court remanded for further proceedings to determine, under Civil Code section 5145, whether the association’s failure to provide equal access affected the election outcome. The judgment was reversed and remanded with directions. View "Arroyo v. Pacific Ridge Neighborhood Homeowners Assn." on Justia Law

After separating from his wife Monique in 2016, Brett, a sculptor, was ordered in a dissolution proceeding to pay spousal and child support. Brett accumulated approximately $2 million in unpaid support obligations and, according to his own testimony, held no assets apart from a copyright in certain works associated with Michael Jackson. Monique moved to have a receiver appointed and to compel Brett to assign the copyright to the receiver for purposes of monetization to satisfy the outstanding support debt.The Superior Court of Los Angeles County granted Monique’s request, appointing a receiver and ordering Brett to assign his copyright to that receiver. Brett did not dispute his debt or the fact that his copyright was his only asset but argued that existing law did not authorize courts to compel the assignment of a copyright, contending that such authority existed only for patents. He timely appealed from this order.The California Court of Appeal, Second Appellate District, Division One, reviewed the case. The court held that, under Code of Civil Procedure section 695.010, subdivision (a), all property of a judgment debtor, including copyrights, is subject to enforcement of a money judgment unless a specific exception applies. The court found no exception for copyrights. It further reasoned that although no published California case had previously addressed forced assignment of copyrights, statutes and past cases regarding other intellectual property, such as patents, supported the trial court’s authority. The court also found persuasive support in analogous federal and out-of-state decisions. Consequently, the Court of Appeal affirmed the trial court’s order compelling Brett to assign his copyright to the receiver and denied Monique’s request for appellate sanctions. Respondent was awarded costs on appeal. View "In re Marriage of Strong" on Justia Law

Mike Dennis developed mycosis fungoides, a subtype of non-Hodgkin’s lymphoma, after regularly applying Roundup, a glyphosate-based herbicide manufactured by Monsanto, for approximately 20 years. Dennis claimed his cancer resulted from exposure to Roundup, which he alleged was sold and marketed without adequate warnings about its carcinogenic risks, despite Monsanto’s knowledge of the potential danger. He brought claims for design defect, failure to warn (under both negligence and strict liability), and negligence. At trial, the jury found that Monsanto was liable for failing to warn about the cancer risk, determining Monsanto knew or should have known of the risk, failed to provide adequate warnings, and acted with malice or oppression. The jury awarded Dennis $7 million in economic damages and $325 million in punitive damages.Following the verdict, Monsanto moved for a new trial and for judgment notwithstanding the verdict (JNOV). The Superior Court of San Diego County denied Monsanto’s requests to overturn the liability findings but reduced the punitive damages award from $325 million to $21 million, finding the original award disproportionate to the compensatory damages. Monsanto timely appealed, arguing that Dennis’s failure to warn claims were preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and that the punitive damages were excessive and unconstitutional.The California Court of Appeal, Fourth Appellate District, Division One, reviewed the case. It held that FIFRA does not preempt state law failure to warn claims that parallel federal misbranding requirements, in line with United States Supreme Court precedent and California decisions. The court also found that the punitive damages award, as reduced by the trial court, did not violate due process, as it was based on highly reprehensible conduct directly related to Dennis’s harm. The Court of Appeal affirmed the judgment in full. View "Dennis v. Monsanto Co." on Justia Law

A nonprofit religious organization operates several Zen Buddhist temples in California, providing residential training programs where participants, known as Work Practice Apprentices (WPAs), live and work at the temples. Participants perform various tasks, including cleaning, cooking, and guest services, as part of their Zen training. Upon completing the WPA program, individuals may become staff members, continuing similar duties while residing at the temple. The plaintiff participated as a WPA and later as a staff member, performing duties such as guest services, food preparation, and facility maintenance. She received modest monthly stipends and room and board, but ultimately challenged the compensation as inadequate under California wage-and-hour laws.After her affiliation with the organization ended, the plaintiff filed a wage claim with the Labor Commissioner, seeking unpaid regular and overtime wages, meal period premium wages, and liquidated damages. The Labor Commissioner ruled in her favor against the organization and two individual leaders, holding the individuals personally liable as employers under Labor Code section 558.1, and awarded her $149,177.15. The defendants appealed to the Superior Court of San Francisco, posting an undertaking only on behalf of the organization, not the individual defendants. The trial court denied the plaintiff’s motion to dismiss the appeals by the individuals for lack of undertakings and granted summary judgment for all defendants, finding the ministerial exception under the First Amendment barred the wage-and-hour claims.The California Court of Appeal, First Appellate District, Division Five, reversed. It held that the ministerial exception does not bar wage-and-hour claims by ministers unless such claims would require judicial inquiry into ecclesiastical matters or religious doctrine. Because there was no evidence that adjudicating the plaintiff’s wage claims would entangle the court in religious concerns, the exception did not apply. The court also held that the trial court lacked jurisdiction over the individual defendants’ appeals due to their failure to post the required undertakings. View "Lorenzo v. San Francisco Zen Center" on Justia Law

An incarcerated individual at Corcoran State Prison hired an attorney to file a petition for writ of habeas corpus, both in state and potentially federal court, for a total fee of $35,000. The attorney did not file the petition as agreed, leading the client to sue for breach of contract. Throughout the proceedings, the plaintiff notified the Superior Court of Orange County multiple times that he was incarcerated, requested remote appearances, and actively participated by filing necessary court documents, including a case management statement and fee waiver application. Despite these efforts, the plaintiff failed to appear for the scheduled trial, and the attorney attended and testified that the plaintiff was incarcerated.After the plaintiff's failure to appear at trial, the Superior Court of Orange County dismissed the lawsuit without prejudice, stating it was unaware of the plaintiff’s incarceration until the day of trial. The plaintiff appealed this dismissal, arguing that the court should have recognized his incarceration and taken additional steps before terminating the case.The California Court of Appeal, Fourth Appellate District, Division Three, reviewed the dismissal. The appellate court found that the trial court abused its discretion by dismissing the lawsuit without first issuing an order to show cause or ensuring that the plaintiff had meaningful access to the court. The court emphasized that incarcerated, indigent litigants must be afforded meaningful access to civil courts, and that dismissal is a drastic remedy reserved for rare circumstances. The appellate court reversed the judgment of dismissal and remanded the case, instructing the trial court to provide the plaintiff with meaningful access to the court and to communicate with prison officials as necessary. The plaintiff may recover costs on appeal, subject to further determination by the trial court. View "Park v. Guisti" on Justia Law

OneTaste, Inc., a company founded in 2004 that promoted “orgasmic meditation,” sued Netflix for defamation in 2023. The lawsuit was based on a Netflix documentary that featured allegations from former employee Ayries Blanck, who claimed she was sexually assaulted and abused in connection with her employment and participation in OneTaste’s activities. The documentary included statements from Blanck’s sister and other former associates, as well as references to earlier media investigations and reports about alleged exploitative and abusive practices at OneTaste. OneTaste asserted that Netflix published false statements with actual malice, despite being provided with information it claimed disproved the allegations.The Superior Court of Los Angeles County reviewed Netflix’s special motion to strike under California’s anti-SLAPP statute (Code of Civil Procedure section 425.16). Netflix argued its conduct was protected activity and that OneTaste could not demonstrate a probability of prevailing, especially on the element of actual malice. After considering the pleadings and both parties’ evidence, the trial court concluded that OneTaste failed to present sufficient evidence that Netflix published the challenged statements with actual malice. The court also found OneTaste’s additional evidence did not establish that Netflix was aware of probable falsity or recklessly disregarded the truth. As a result, the court granted Netflix’s motion to strike the complaint.On appeal, the California Court of Appeal, Second Appellate District, Division Three, affirmed the trial court’s order. The appellate court held that OneTaste did not meet its burden to show a probability of prevailing on the defamation claim because it failed to produce evidence of actual malice by Netflix. The court also rejected OneTaste’s constitutional and public policy challenges to the anti-SLAPP statute and denied its requests for judicial notice of materials not considered by the trial court. View "Onetaste Incorporated v. Netflix, Inc." on Justia Law

A former employee filed a labor claim against her employer and the employer’s business, seeking unpaid overtime and other compensation. The Labor Commissioner awarded her over $74,000. The decision was served by mail, triggering a 15-day deadline for the employer to appeal to the superior court and to either post an undertaking or seek a waiver of that requirement. The employer retained a third-party filing service, which attempted to file the appeal and waiver motion electronically on the last permissible day. The filing was rejected by the court clerk, and the documents were filed in person the following day, one day late.The Superior Court of the City and County of San Francisco determined that the employer’s appeal and waiver motion were untimely. The court found that the statutory deadline for appealing a Labor Commissioner decision is mandatory and jurisdictional, and that it lacked jurisdiction to consider the late filings. The employer argued that the deadline should be equitably tolled due to the filing service’s error, but the trial court rejected this argument.The California Court of Appeal, First Appellate District, Division Five, reviewed the case. The court held that the statutory deadline for appealing a Labor Commissioner decision and for seeking a waiver of the undertaking requirement is mandatory and jurisdictional, and cannot be extended for reasons such as mistake, inadvertence, or excusable neglect. The only exception is for fraud, which was not alleged. The court also held that the tolling provision in Code of Civil Procedure section 1010.6 does not apply to notices of appeal from Labor Commissioner decisions. The court affirmed the superior court’s order dismissing the appeal as untimely. View "Dobarro v. Kim" on Justia Law