Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B325599
|
LCPFV LLC v. Somatdary Inc.
Trial court properly refused to award excessive fees and damages during default judgment process to plaintiff that ramped up legal activity after notice defendant would not participate in proceedings. |
Civil Procedure, Remedies |
|
J. Wiley | Nov. 15, 2024 |
F085652
|
Pompey v. Bank of Stockton
The "rescission-and-restitution" remedy of the Automobile Sales Finance Act is a penalty and therefore ubject to a one-year statute of limitations. |
Remedies |
|
K. Meehan | Oct. 22, 2024 |
D081704
|
Lusardi Construction Co. v. Dept. of Industrial Relations
Under former Labor Code Section 1777.7, prime contractor's knowledge of subcontractor's noncompliance with apprenticeship hiring requirements was sufficient to support penalizing the prime contractor for the noncompliance. |
Employment Law, Remedies |
|
T. O'Rourke | Jun. 26, 2024 |
22-1238
|
United States Trustee v. John Q. Hammons Fall 2006, LLC
Prospective parity was appropriate remedy for short-lived disparity created by unconstitutional bankruptcy fee statute because that was the remedy Congress would have intended had it known the statute was unconstitutional. |
Bankruptcy, Remedies |
|
K. Jackson | Jun. 17, 2024 |
H049992
|
People ex rel. International Assn. of Firefighters v. City of Palo Alto
In quo warranto action, trial court's decision to fashion an alternative remedy rather than invalidate an unlawful measure was an abuse of discretion. |
Municipal Law, Remedies |
|
A. Danner | Jun. 5, 2024 |
S279397
|
Naranjo v. Spectrum Security Services, Inc.
Employers are not subject to civil penalties for failure to comply with wage statement requirements when they had a reasonable good faith belief they complied with Labor Code Section 226. |
Employment Law, Remedies |
|
L. Kruger | May 7, 2024 |
F086342
|
Reynosa v. Superior Court (Advanced Transportation Services, Inc.)
Employee was not barred from withdrawing from arbitration by continuing to participate in the arbitration where employer failed to timely pay arbitration fees. |
Arbitration, Remedies |
|
J. Detjen | May 7, 2024 |
B315256
|
People v. Plains All American Pipeline, LP
Trial court erroneously denied restitution for victims of environmental crime based on their mediated civil settlements and class action lawsuits. |
Remedies, Environmental Law |
|
H. Baltodano | May 6, 2024 |
A167703
|
People v. Koontzy
Restitution order imposed as condition of probation rather than to directly address the victim's loss could not be modified after the criminal defendant's probation ended. |
Remedies, Criminal Law and Procedure |
|
M. Simons | Apr. 29, 2024 |
D081492
|
G.F. Galaxy Corp. v. Johnson
Statutes authorizing judgment creditors to recover reasonable and necessary costs of enforcing judgment did not require that collection efforts be resolved or successful prior to any recovery. |
Remedies |
|
R. Huffman | Mar. 12, 2024 |
B329659
|
Dragones v. Calkins
Right to recover attorney's fees under the newly enacted Family Code Section 6344 does not require an examination of the disparity in income between the parties. |
Remedies |
|
R. Evenson | Jan. 18, 2024 |
E079859
|
Garcia v. Tempur-Pedic North America, LLC
Despite deposition not actually occurring, trial court's consideration of whether to award incurred deposition costs was appropriate. |
Remedies |
|
M. Raphael | Jan. 10, 2024 |
B317540
|
Vargas v. Gallizzi
Where trial court had authenticated records at pretrial hearing, yet defendant still denied numerous requests for admission, plaintiff was entitled to attorneys fees and costs. |
Remedies |
|
D. Perluss | Oct. 16, 2023 |
B322796
|
Nash v. Aprea
Once judgment on the breach of the rental agreement was entered against defendant, the agreement's $1,000 limit on attorney fees was merged into and extinguished by the judgment. |
Remedies |
|
G. Feuer | Oct. 4, 2023 |
B313786
|
Marriage of Rangell
Trial court properly awarded over $90,000 in sanctions after ex-husband repeatedly refused to comply with court orders to transfer funds to ex-wife. |
Remedies |
|
M. Stratton | Oct. 2, 2023 |
C097090
|
People v. Valle
Victim restitution laws did not allow for victim to keep her phone that was left behind when she escaped a physical altercation, but later was returned, and also be awarded the cost of the phone. |
Remedies |
|
S. Mesiwala | Jul. 31, 2023 |
D080283
|
Briggs v. Elliott
Trial court properly awarded prevailing party postjudgment collection costs on anti-SLAPP judgment because plaintiff failed to file a timely motion to tax costs. |
Remedies |
|
J. McConnell | Jun. 19, 2023 |
S269608
|
Los Angeles Unified School Dist. v. Superior Court (Jane Doe)
Treble damages imposed on entities that cover-up sexual assault cases are punitive in nature and unavailable from public entities like the Los Angeles Unified School District. |
Remedies |
|
P. Guerrero | Jun. 2, 2023 |
A163827
|
Rreef America Reit II Corp, YYYY v. Samsara, Inc.
Trial court was correct not to reduce amount of attachment order based on on letter of credit because it was not an interest in the property of the defendant. |
Remedies |
|
V. Swope | May 17, 2023 |
21-35201
|
Wakefield v. Visalus Inc.
Aggregated statutory damages awards are subject to constitutional limitations in extreme situations, even where the per-violation penalty is otherwise constitutional. |
Remedies |
|
R. Tallman | Oct. 21, 2022 |
B313878
|
Immigrant Rights Defense Council, LLC v. Hudson Insurance Co.
Party suing immigration consultants on behalf of general public could not recover litigation costs from bond guarantor because statute limited recovery to persons damaged by the immigration consultants. |
Remedies |
|
T. Willhite | Oct. 20, 2022 |
20-15882
|
Riley v. Volkswagen Group of America
A high ratio of punitive damages was appropriate where defendant car manufacturer's actions to conceal emissions were highly reprehensible, but resulted in low compensatory damages. |
Remedies |
|
R. Gould | Oct. 19, 2022 |
21-55264
|
W.B. Music Corp. v. Royce Intl. Broadcasting Corp.
District court acted within its broad discretion to prolong receivership to aid in execution of Copyright Act judgment, even though defendants claimed they had satisfied the judgment. |
Remedies |
|
A. Tashima | Sep. 1, 2022 |
B309098
|
Gutierrez v. Chopard USA Ltd.
Awarding plaintiff attorney fees and costs was not error where joint stipulation executed by the parties expressly stated defendant would not dispute liability or entitlement to fees and costs. |
Remedies |
|
C. Moor | Aug. 23, 2022 |
A163579
|
People v. McCune
Trial court retained jurisdiction to set hit-and-run victim's restitution amount even after defendant's probation was terminated early by amended probation limits. |
Remedies |
|
G. Burns | Jul. 27, 2022 |
S262081
|
Siry Investment, L.P. v. Farkhondehpour
Penal Code Section 496(c) allowed for treble damages and attorneys' fees since defendants' improper transfer of rental income constituted theft. |
Remedies |
|
T. Cantil-Sakauye | Jul. 22, 2022 |
B313472
|
McNeal v. Whittaker, Clark & Daniels
Punitive damages award was reversed because evidence did not show that executives knew there were "probable dangerous consequences" from trace levels of asbestos in its talc that would cause plaintiff's mesothelioma. |
Remedies |
|
E. Grimes | Jul. 6, 2022 |
C092065
|
Doe v. Lee
A punitive damages award could not stand because there was insufficient evidence of defendant's financial condition to support it, and what little evidence was provided suggested the award was excessive. |
Remedies |
|
H. Hull | Jun. 6, 2022 |
F081415
|
Torres v. Adventist Health System/West
Plaintiff's allegation that she relied on hospital's failure to disclose additional emergency room fees and thereafter received treatment at hospital did not sufficiently plead reliance under the Consumer Legal Remedies Act. |
Remedies |
|
D. Franson | Apr. 15, 2022 |
19-56138
|
Harbor Breeze v. Newport Landing Sportfishing
An order denying disgorgement of profits in a false advertising claim was reversed because the jury instructions failed to recite the correct legal standard. |
Remedies |
|
D. Collins | Mar. 8, 2022 |