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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 9th Oct. 21, 2022
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 2DCA/4 Oct. 20, 2022
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 9th Oct. 19, 2022
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 9th Sep. 1, 2022
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 2DCA/5 Aug. 23, 2022
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 1DCA/5 Jul. 27, 2022
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 CASC Jul. 22, 2022
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 2DCA/8 Jul. 6, 2022
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 3DCA Jun. 6, 2022
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 5DCA Apr. 15, 2022
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 9th Mar. 8, 2022
In re Google Inc. Street View Electronic Communications Litigation
Cy pres payments only to third-party, advocacy groups is appropriate especially where verification of class member claims would be costly and time-consuming.
Remedies 9th Dec. 28, 2021
People v. Frias
Because no evidence was presented to the contrary, the trial court did not err in presuming that aftermarket parts can vary in quality compared to original parts.
Remedies 2DCA/8 Oct. 8, 2021
Wade v. Kijakazi
Appellants who proceed in forma pauperis cannot tax printing costs against the Commissioner of Social Security.
Remedies 9th Sep. 27, 2021
Modification: Qaadir v. Figueroa
Plaintiff was required to show that medical bills were actually incurred before court admitted those bills as evidence, but error was harmless because jury's award fell within experts' valuations.
Remedies 2DCA/8 Aug. 18, 2021
Qaadir v. Figueroa
Plaintiff was required to show that medical bills were actually incurred before court admitted those bills as evidence, but error was harmless because jury's award fell within experts' valuations.
Remedies 2DCA/8 Aug. 13, 2021
Khosravan v. Chevron Corp.
Code of Civil Procedure Section 998 offer requiring plaintiff to indemnify defendant against claims by third parties would be less favorable than jury's award and difficult to quantify.
Remedies 2DCA/7 Jul. 8, 2021
Modification: Gateway Bank, F.S.B. v. Metaxas
Any decision to mitigate damages under special benefit doctrine is to the extent that it equitable; thus, defendant's conduct dictated against exercise of equitable discretion in her favor.
Remedies 1DCA/2 Jun. 29, 2021
Lee v. Luxottica Retail North America, Inc.
Compensation for expected but unearned future income to which plaintiff has no legal entitlement is not recoverable as restitution under Unfair Competition Law.
Remedies 1DCA/2 Jun. 21, 2021
Modification: Phipps v. Copeland Corporation
Defendant did not meet its burden of establishing its percentage of comparative fault could not be as large as 60 percent.
Remedies 2DCA/7 Jun. 11, 2021
Wong v. Flynn-Kerper
Defensive use of equitable estoppel is barred when estopping plaintiff would contradict Employee Retirement Income Security Act plan's express terms.
Remedies 9th Jun. 8, 2021
Gateway Bank, F.S.B. v. Metaxas
Any decision to mitigate damages under special benefit doctrine is to the extent that it equitable; thus, defendant's conduct dictated against exercise of equitable discretion in her favor.
Remedies 1DCA/2 Jun. 7, 2021
Briseno v. Henderson
Under Federal Rule of Civil Procedure 23(e), courts must apply heightened scrutiny to post-class certification settlements in assessing whether division of funds between class members and counsel was fair and adequate.
Remedies 9th Jun. 2, 2021
Modification: Felczer v. Apple
Postjudgment interest on award of prejudgment costs begins to run on date of judgment or order that establishes right of party to recover particular cost item, even if dollar amount hasn't been determined.
Remedies 4DCA/1 May 26, 2021
Los Angeles Unified School Dist. v. Superior Court (Jane Doe)
Treble damages under Code of Civil Procedure Section 340.1 is primarily punitive and prohibited against public entity under Government Code Section 818.
Remedies 2DCA/3 May 25, 2021
Phipps v. Copeland Corporation
Defendant did not meet its burden of establishing its percentage of comparative fault could not be as large as 60 percent.
Remedies 2DCA/7 May 20, 2021
Assn. for Los Angeles Deputy Sheriffs v. Macias
Association has standing to seek monetary damages on behalf of its members if every member was affected and association has representational responsibility.
Remedies 2DCA/8 May 6, 2021
Martinez v. Rite Aid Corporation
In plaintiff's wrongful termination action, post-termination earnings should have been deducted from her past economic loss award.
Remedies 2DCA/7 May 5, 2021
Felczer v. Apple
Postjudgment interest on award of prejudgment costs begins to run on date of judgment or order that establishes right of party to recover particular cost item, even if dollar amount hasn't been determined.
Remedies 4DCA/1 Apr. 27, 2021
Crayton v. FCA US LLC
Residual value of leased vehicle was not included in plaintiff's restitution because lease did not require plaintiff to acquire title to vehicle; thus, residual value was not 'actual price payable' by plaintiff.
Remedies 2DCA/5 Apr. 26, 2021