Case Results

In a civil action filed by four Iraqi nationals, alleging that they were abused while detained in the custody of the U.S. Army at Abu Ghraib prison, located near Baghdad, Iraq, in 2003 and 2004, brought pursuant to the Alien Tort Statute (ATS), 28 ...

In an suit challenging the denial of the U.S. Citizenship and Immigration Services' (USCIS) Notice of Intent to Deny (NOID) plaintiff's I-130 petition seeking permanent resident status for plaintiff's noncitizen husband petition, because of the ...

In a suit to enforce an arbitration award plaintiff received against the defendant in a contract dispute, the district court's denial of plaintiff's petition to confirm and grant of defendant's petition to vacate is vacated and remanded for further ...

In a military veteran's claim against a Town and Chief of Police under the Uniform Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. section 4301-4335, claiming that his status as a veteran was a motivating factor for defendants' ...

A municipality may be considered an “opposing part[y]” for purposes of the private attorney general fee statute, Code Civ. Proc. section 1021.5, when it confesses error in response to a petition for writ of mandate challenging the municipality’s acti ...

In a corporate governance action, arising from plaintiff corporation's suit over the exercise of its right to repurchase shares of its stock, given to defendant under a stock incentive plan for outside directors on its board, the trial court's grant ...

In an employment case alleging unlawful retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. section 2000e et seq. and equivalent state-law claims, the district court’s order denying defendant’s motion to compel ...

In an action arising out of the arbitration of a licensing dispute among d, the district court’s grant of a preliminary injunction enjoining defendant from selling unauthorized food items at the restaurants it operates, using certain trademarks, and ...

In a complaint seeking enforcement of the Labor Code under the Private Attorneys General Act (PAGA), Labor Code section 2698, the trial court's denial of defendant's motion to compel arbitration is affirmed where, while a PAGA action might be subject ...

In a labor dispute involving four arbitration awards involving janitorial employees, the district court's judgment is affirmed where: 1) the arbitration awards were properly confirmed, based in large part upon the limited scope of this court's review ...

In an appeal from a judgment declaring plaintiff-Father to be the sole legal parent of triplet Children and finding that defendant, the gestational carrier for the children, has no parental rights, alleging an all-out attack on the constitutionality ...

In response to a certified question arising in a failure-to-promote discrimination suit under the Uniformed Services Employment and Reemployment Rights Act (USERRA) 38 U.S.C. section 4301, the court holds that plaintiffs need not plead or prove that ...

In a consolidated appeal of two judgments to enforce a foreign arbitral award against appellees as alter egos of the then defunct award debtor, the district court's judgment dismissing both the initial action to enforce and the subsequent action to ...

In consolidated appeals of actions to confirm a foreign arbitral award against defendant as alter egos of the then defunct award debtor, the district court's dismissal of both actions is: 1) vacated as to No.15?1133 where the district court erred in ...

In a wrongful death action, the district court's grant of summary judgment to defendant, a provider of vacations for students, is reversed where the court erred in granting summary judgment on the issue of causation after allowing no discovery on the ...

In a petition for a writ of administrative mandate under Code of Civil Procedure section 1094 challenging the City's determinations that the overgrown weeds and rubbish on his lots constitute a public nuisance that required abatement and, when he ...

In a suit brought by a veteran challenging delinquent property tax interest and penalties that the City of Philadelphia assessed against his company while he was on active duty, the District Court's dismissal of the complaint is affirmed where the ...

In a complaint filed in the U.S. Court of Federal Claims challenging the Contracting Officer's rejection of plaintiff's unsolicited proposal to the U.S. Department of the Navy's Indian Head Explosive Ordnance Disposal Technology Division (IHEODTD) ...

In a dispute alleging tortious interference with contract and related claims for the sale of an interest in a Mexican real estate development venture, the trial court’s grant of plaintiffs’ motion to lift the stay on the California proceedings is ...

In a case involving the enforce-ability of an arbitration agreement included in the terms of a 'payday loan' obtained over the internet, alleging that defendant violated the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. section ...

In a mass action in which defendant invoked the Class Action Fairness Act of 2005 (CAFA) mass action provision as the basis for removing to federal court eight products liability suits filed against it in state court, the district court's judgment, ...

In defendant's appeal from a judgment confirming a $30 million arbitration award consisting of significant punitive damages, arising out of his conviction wire fraud and awarded after a hearing which defendant elected not to attend, the trial court's ...

In a shareholder derivative action on behalf of a company, alleging that individual members of the company's board and affiliated entities improperly exploited their control of the corporation in entering into three separate self-dealing ...

In an action alleging several claims under the California Fair Employment and Housing Act, denial of defendant's petition to compel arbitration is affirmed where: 1) defendants failed to prove plaintiff agreed to arbitrate a claim; and 2) the ...

In a petition for writ of mandate in an underlying Code of Civil Procedure section 404.1 coordination action involving 470 civil cases, alleging Ford breached warranties with respect to cars equipped with the DPS6 transmission, and in which the ...

In an action for personal injuries brought in Santa Clara, CA, against a manufacturer of bicycle components, alleging negligence, strict products liability, breach of the implied warranty of merchantability, and breach of the implied warranty for a ...

A party to an arbitration proceeding under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) can obtain review of the arbitration order, as provided in 29 U.S.C. section 1401(b)(2), by commencing an action by filing a complaint. Here, the ...

In an action brought by parent's challenging the detention of their children for six months, specifically, the two months they were detained in Orange County before the case was transferred to Los Angeles, the trial court's grant of summary judgment ...

In an action brought by truck drivers challenging the grant of the motion of real party in interest to compel arbitration of petitioners’ wage and hour complaints to the Labor Commissioner, relief is granted where the evidence proferred in opposition ...

In a commercial action, brought by a commercial fisherman challenging various provisions of the Magnuson-Stevens Fishery Conservation and Management Act, the district court's grant of summary judgment to the government is affirmed where plaintiff's ...

After a Mother's successful challenge to an administrative order declaring that she should be reported to the statewide child abuse index for what was deemed excessive discipline of her 12-year old daughter, the trial court's award of only a portion ...

In a former employee's single-count representative action filed under the California Private Attorney General Act, Labor Code section 2698 et. seq.(PAGA), alleging retailer/employer defendant had violated numerous Labor Code laws, the trial court's ...

In a trust case in which a wife agreed to hold funds in trust for her husband's elderly stepmother, and after her husband's death, the wife changed the form of the accounts and used the funds for her own purpose, the trial court's judgment in favor ...

In a criminal action, the petition for a writ of mandate is granted. The court held that Vehicle Code section 23640's bar on pretrial diversion in cases charging a DUI under section 23152 or 23153 does not apply to veterans or active duty military ...

In a case in which a case a State treated as community property and awarded to a veteran's spouse upon divorce a portion of the veteran's total retirement pay, and long after the divorce, the veteran waived a share of the retirement pay in order to ...

In a complaint alleging that defendants delayed competitors from marketing generic versions of the diabetes drug ACTOS by falsely describing two patents to the Food and Drug Administration, thereby causing plaintiffs to pay monopoly prices for the ...

In a Mother's appeal from the juvenile court's order terminating parental rights over her children, the court's order is affirmed where, although the juvenile court erred by terminating Mother's parental rights without first considering her Welfare ...

In an action brought by Mother and presumed Father of nine-year-old and four-year-old appealing the juvenile court's order pursuant to Welfare and Institutions Code section 366.26 terminating their parental rights and identifying adoption as the ...

In a Mother's appeals from juvenile court orders establishing jurisdiction over the Daughter and bypassing family reunification services for Mother, and the juvenile court's assertion of jurisdiction over Son, the orders are: 1) affirmed in part ...

In a Mother and Father's appeal from the juvenile court's order terminating parental rights to six-year-old daughter, five-year-old son and three-year-old son pursuant to Welfare and Institutions Code section 366.26, the juvenile court's order is ...

In a Mother and Father's appeal of a juvenile court order terminating their parental rights, the order is affirmed where: 1) Father's failure to challenge the order via petition for extraordinary writ precludes review of the order in this appeal; and ...

In a family law action, the juvenile court's termination of K.B.'s parental rights to Jc.L. and Ja.L. is affirmed where the court did not fail to comply with the inquiry/notice requirements of the Indian Child Welfare Act, 25 U.S.C. sections 1901 et ...

The Juvenile Court’s jurisdiction findings and disposition order adjudging petitioner’s four-year-old son a dependent of the juvenile court, removing him from petitioner’s care and custody and placing him with the Los Angeles County Department of ...

In this dissolution of a 27-year marriage. The court’s division of community property and spousal support are affirmed over the ex-wife’s claims of error regarding the valuation of the couple’s two grocery stores and the amount of spousal support awa ...

In a wife's challenge of the trial court's denial of her motion to divide unadjudicated community property under Family Code section 2556, the judgment is reversed where: 1) section 2556 provided the trial court with continuing jurisdiction to divide ...

In consolidated dependency actions, in which Mother contests the juvenile court's detention and dispositional orders temporarily denying her visitation with her young son, the juvenile court's orders are affirmed where parental visitation may be ...

Mother’s appeals from the juvenile court’s permanent restraining order against her requiring her to stay away from father and their six-year-old child is affirmed in part, reversing in part, and remanding where based on the record, the juvenile court ...

In a mother’s appeal of the juvenile court’s order terminating her parental rights, Welf. & Inst. Code sections 366.26 and 395, alleging that substantial evidence does not support the juvenile court’s finding that there was good cause to deviate from ...

In a juvenile dependency case, in which a Father challenges the juvenile court's jurisdiction and disposition orders. the juvenile court's jurisdiction and disposition orders are reversed where because Daughter was not abused, neglected, or exploited ...

In a Father's appeal from the juvenile court's findings at the six-month review hearing that reasonable reunification services were provided to him and that active efforts were made to prevent the breakup of the Indian family, the juvenile court's ...

In a Father's appeal of family court orders declaring his two children dependent children pursuant to Welfare and Institutions Code section 300(b), removing the children from Father and placement with Mother, the orders are affirmed over his claims ...

In consolidated appeals involve allegations that defendant companies holding the patents for Lipitor and Effexor XR delayed entry into the market of generic versions of those drugs by engaging in an overarching monopolistic scheme that involved ...

In a case in which a creditor secured a judgment securing in Iraq for non-payment of a promissory note and sought to have a recognized in federal district court, the district court's judgment that the judgment was not entitled to recognition given ...

In a suit brought following the break up of plaintiff's relationship with a former boxing champion, alleging invasion of privacy (both public disclosure of private facts and false light portrayal), defamation and intentional and negligent infliction ...

In a putative class action brought by plaintiffs who used defendant's prison phone services, alleging unconscionable service fees, the district court's denial of defendants' motion to compel arbitration is affirmed where: 1) plaintiffs did not agree ...

In a long-running case involves the effort by a sperm donor to establish that he is a legal parent of a child conceived through in vitro fertilization (IVF) using his sperm, and that he is entitled to joint legal and physical custody of the child ...

In a consolidated action brought by two family members holding powers of attorney for two decedents against a nursing home, alleging the substandard care had caused their deaths, the Kentucky Supreme Court's decision, that the arbitration agreements ...

In an interlocutory appeal of the district court's denying plaintiff's motion to compel arbitration of a claim against defendant, the appeal is dismissed where: 1) the court lacks jurisdiction because the arbitration motion relied only on state law ...

In a case involving how a limited civil case (here a cross-complaint) gets reclassified as an unlimited civil case, where petitioner filed, through counsel, an amended cross-complaint that added a cross-defendant and added causes of action that ...

In a personal injury suit brought against an employee of a tribal casino, who was involved in an auto accident while acting in the scope of his employment, the Supreme Court of Connecticut's judgment granting defendant's to dismiss for lack of ...

After a marital settlement agreement and judgment of dissolution, one spouse's unilateral election to change from one type of military benefit (military retirement that is taxable and community property) to another type of military benefit ...

In a dispute between a consumer and a credit card company involving the validity of a provision in a predispute arbitration agreement that waives the right to seek the statutory remedy of public injunctive relief in any forum, the Court of Appeals' ...

The Court reversed a family commissioner's judgment dissolving the parties' marriage and related orders concerning child custody, visitation, child and spousal support, and an award of attorney fees, where: 1) the commissioner failed to obtain one ...

In a Vietnam veteran's appeal concerning whether the U.S. Court of Appeals for Veterans Claims has authority to certify a class for class action or for similar aggregate resolution procedures, the Veterans Court denial of a motion to certify a class ...

In a class action complaint alleging that Samsung made misrepresentations as to the performance of the Galaxy S4 phone, the district court's order denying Samsung's motion to compel arbitration is affirmed where: 1) the Product and Safety & Warranty ...

In an employment class action alleging violations the Fair Labor Standards Act (FLSA), 29 U.S.C. section 201-219, as well as the Missouri minimum-wage statute, raising two questions of first impression, the district court's denial of defendant's ...

In a petition under the Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11,670, 19 I.L.M. 1501, as implemented by the International Child Abduction Remedies Act (ICARA), 22 U.S.C. section 9001 et ...

In a recent case, People v. Douglas – filed April 11, 2017, in the Third District of California, 2017 S.O.S. 1906, the court held that excluding prospective jurors solely on the basis of sexual orientation is violative of due process and equal ...

Vehicle Code section 23640 prohibits military diversion pursuant to Penal Code section 1001.80 for defendants charged with driving under the influence offenses in violation of sections 23152 and 23153.

In an employment class action, the district court's order denying defendants' motion to stay proceedings, compel arbitration of claims arising out of the plaintiff's employment, and dismiss class and representative claims, is reversed where: 1) ...

In a False Claims Act suit brought the U.S. Government against Sprint Communications, the district court's order denying appellant's Fed. R. Civ. P. 24(a)(2) motion to intervene as of right is affirmed where: 1) although his appeal is not moot, he ...

In a dispute between employees and their successor employer, both of whom agreed to arbitrate, the district court's refusal to compel arbitration because it found that ERISA preempted arbitration of this dispute, which presented an issue of ...

In an action arising out of plaintiff's purchase of a purportedly defective 'certified pre-owned' BMW from auto dealer-defendant, alleging violations of the Magnuson?Moss Warranty--Federal Trade Commission Act (MMWA), 15 U.S.C. section 2301 et seq., ...

In an action brought by a military family under the Federal Tort Claims Act (FTCA) against the United States, alleging that plaintiff's child's birth injuries resulted from the negligent approval of plaintiff's command-sponsored travel overseas, the ...

In an anti-SLAPP Code of Civil Procedure section 425.16 case within an underlying dispute alleging the contracts between a public broadcasting media and an independent nonprofit journalism organization violate statutory prohibitions on self-dealing ...

In a wrongful termination case brought against a hospital, alleging causes of action based on Health and Safety Code section 1278.5(g) and wrongful termination in violation of public policy pursuant to this court's decision in Tameny v. Atlantic ...

In an appeal of the Final Decision of the Merit Systems Protection Board affirming the decision of the Department of the Navy to furlough petitioner for six days between July and September of 2013 as a result of the federal government sequestration ...

In an appeal of the Veterans Court decision concluding that the Department of Veterans Affairs had satisfied its duty to assist claimant with his request to reopen his claim, the Veterans Court's decision is reversed and remanded where it ...

In an injury and tort action arising from plaintiff employee's collision with a motorcycle while commuting to defendant employer's yard and claim of respondeat superior liability, the trial court's grant of summary judgment to defendant is reversed ...

In an environmental action, challenging defendant city's finding that a project was exempt from formal environmental review, the trial court's grant of mandatory relief to the plaintiff under Code of Civil Procedure section 473(b) is reversed where: ...

In a veterans case raising a question of first impression involving disability rating and the interpretation of 38 C.F.R. section 4.40 in light of section 4.71a, the Veterans Court judgment is affirmed where section 4.40 does not provide a basis for ...

In a case involving the civil forfeiture of real property, the district court’s default judgment and final judgment of forfeiture, entered after the court granted the government’s motion to strike Pickle’s claim and answer based on Pickle’s failure ...

In a suit by a former employee against her former hospital employer for violations of the California Labor Code and other statutes relating to meal and rest breaks, unpaid wages, and unpaid overtime compensation, the trial court's denial of the ...

In a Mother's appeal of the trial court's order awarding child support from Father in an amount that deviated downward from the statewide uniform guideline by a substantial amount, under Family Code section 4056(a), the order is reversed where: 1) t ...

In an appeal from a post-judgment discovery order arising from a third party judgment debtor examination in an underlying action involving a breach of lease, the petition for writ of mandate is denied where the scope of questions asked by a judgment ...

In a suit brought by a skydiver who alleges that he was fired from his job as a skydiving instructor because of his sexual orientation, asserting that he was discriminated against in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. ...