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Modification: Samuelian v. Life Generations Healthcare, LLC
Where owners sell only partial interest in company, reasonableness standard rather than void per se must be applied to determine whether noncompete clause is valid. 		Contracts, Business Law 4DCA/3 Sep. 18, 2024
Lynch v. Peter & Associates
Despite having no contract with homeowner, geotechnical inspection company owed homeowner a duty of care to perform with skill expected of professional in its position. 		Business Law, Torts 4DCA/3 Sep. 12, 2024
American Building Innovations v. Balfour Beatty Construction
Because subcontractor's retroactive license reinstatement was improper, it was not entitled to collect compensation for unlicensed work. 		Business Law 4DCA/3 Sep. 4, 2024
Samuelian v. Life Generations Healthcare, LLC
Where owners sell only partial interest in company, reasonableness standard rather than void per se must be applied to determine whether noncompete clause is valid. 		Contracts, Business Law 4DCA/3 Aug. 22, 2024
Sepanossian v. National Ready Mix Co.
Allegations that fees for energy and environmental costs were unrelated to any actual costs borne by the defendant and were deceptive were sufficient to state a claim for unfair competition. 		Business Law 2DCA/7 Nov. 16, 2023
Lagrisola v. North American Financial Corp.
Mortgage borrowers lacked standing to sue unlicensed lender for unlawful business practices where the borrowers received the benefit of the bargain as expected and the lender did not misrepresent itself. 		Business Law 4DCA/1 Nov. 7, 2023
Lee v. Cardiff
Trial court did not err in denying Business and Professions Code Section 7168 attorney's fees when homeowner's swimming pool claim was mostly unsuccessful and only a small percentage of her award. 		Business Law 1DCA/1 Aug. 15, 2023
Williamson v. Genentech, Inc.
Insured plaintiff lacked standing to sue a drug manufacturer under the unfair competition law because he would have paid the same deductible regardless and he could not "borrow" the injury from his insurer. 		Business Law 1DCA/5 Aug. 15, 2023
California Medical Assn. v. Aetna Health of California, Inc.
Diversion of salaried staff to project undertaken in response to allegedly unfair business practice is an economic injury sufficient to establish standing under the Unfair Competition Law. 		Business Law CASC Jul. 18, 2023
G Companies Management, LLC v. LREP Arizona LLC
Court refused to enforce forum selection clause in loan agreement because California's constitutional usury law reflected a strong public policy that could not be violated. 		Business Law 4DCA/3 Feb. 17, 2023
Vascos Excavation Group LLC v. Gold
Trial court properly placed burden of proof on contractor to establish that its responsible managing employee was bona fide. 		Business Law 2DCA/5 Jan. 24, 2023
Turo v. Superior Court (People)
Because Turo Inc. does not own or possess the vehicles it rents out, it is not a rental car company for the purpose of Government Code Section 50471.1. 		Business Law 1DCA/2 Jun. 30, 2022
Modification: Drink Tank Ventures v. Real Soda in Real Bottles
Where the sole basis for an intentional interference with a prospective economic advantage claim is based on breach of contract, the trial court lacked subject matter jurisdiction because there was no tort. 		Business Law 2DCA/2 Dec. 6, 2021
Guttman v. Guttman
A trial court did not err in granting a motion to vacate plaintiff's dismissal of his partnership dissolution action because an order granting the buyout motion effectively supplants the action. 		Business Law 2DCA/1 Dec. 6, 2021
Drink Tank Ventures v. Real Soda in Real Bottles
Where the sole basis for an intentional interference with a prospective economic advantage claim is based on breach of contract, the trial court lacked subject matter jurisdiction because there was no tort. 		Business Law 2DCA/2 Nov. 12, 2021
Natarajan v. Dignity Health
No disqualification of hearing officer serving on medical peer review panel when financial benefit is not sufficient to raise meaningful risk of bias. 		Business Law CASC Aug. 13, 2021
Manela v. Stone
Assignment agreement is not conclusive evidence of unlicensed performance where assignment does not relieve contractor's obligation. 		Business Law 2DCA/1 Jul. 6, 2021
Amended Opinion: Quidel Corporation v. Superior Court (San Diego)
Business and Professions Code Section 16600 does not invalidate all contractual noncompete provisions, outside the employment context; thus, summary adjudication was not appropriate. 		Business Law 4DCA/1 Nov. 9, 2020
Coley v. Eskaton
Directors may still be liable for damages resulting from their breach of fiduciary duties, even if they did not personally benefit from that breach. 		Business Law 1DCA/3 Jul. 13, 2020
Techno Lite v. EMCOD LLC
Business and Professions Code Section 16600 invalidates any employment agreement that unreasonably interferes with employee's ability to compete with employer 'after' employment ends; thus appellants' promise not to compete was valid. 		Business Law 2DCA/4 Jan. 22, 2020
Quidel Corporation v. Superior Court (San Diego)
Business and Professions Code Section 16600 does not invalidate all contractual noncompete provisions, outside the employment context; thus, summary adjudication was not appropriate. 		Business Law 4DCA/1 Sep. 3, 2019
Henderson v. United Student Aid Funds
Lenders of student loans may be held vicariously liable for Telephone Consumer Protection Act violations of third party callers; thus, the district court erred in denying summary judgment. 		Business Law 9th Mar. 25, 2019
UFCW Local 1500 Pension Fund v. Mayer
Dismissal of claims affirmed where claims hinge on power to challenge Investment Company Act exemption and ICA provides no private right of action to assert such challenge. 		Business Law 9th Jul. 13, 2018
Tindall v. First Solar Inc.
Dismissal of shareholder derivative action for failure to show demand futility affirmed where relevant, applicable state law does not excuse demand. 		Business Law 9th Jun. 14, 2018
Eng v. Brown
Court properly ruled entity with corporate nature not be deemed a partnership as a matter of law, in limine motion. 		Business Law 4DCA/1 Mar. 26, 2018
Santomenno v. TransAmerica LIC
A third-party retirement plan manager does not owe a fiduciary duty to employees under ERISA while negotiating terms of the service agreement with the employer 		Business Law 9th Feb. 26, 2018
Central Laborers' Pension Fund v. McAfee, Inc.
Summary judgment finding no triable issue relating to breach of fiduciary duty reversed where direct evidence does not show CEO defendant's motive for concealing information from board of directors. 		Business Law 6DCA Nov. 17, 2017
People v. Overstock.com Inc.
Penalties imposed against Overstock under both unfair competition law and the False Advertising Law not constitutionally disproportionate to its culpability. 		Business Law Jun. 5, 2017
Hardwick v. Wilcox
When lender charges usurious interest on series of loans, judgment in favor of borrower proper and usurious interest payments serve to offset principal debt. 		Business Law May 24, 2017
Friedman v. AARP Inc.
AARP must face unfair competition action filed by retiree who accused it of transacting and soliciting insurance without a license following erroneous dismissal. 		Business Law May 4, 2017
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