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Shuler v. Capital Agricultural Property Services, Inc.
Nonsettling tortfeasors were not entitled to contribution from settling tortfeasors but could only be credited amount paid by the settling tortfeasors. 		Remedies 2DCA/6 May 18, 2020
Arace v. Medico Investments, LLC
The Elder Abuse Act mandates an award of attorney fees to successful plaintiffs regardless of other relief granted. 		Remedies 4DCA/2 May 13, 2020
Caldera v. Dept. of Corrections & Rehabilitation
When hiring out-of-town counsel, trial courts must consider counsel's 'home market rate' instead of local rate when determining compensation. 		Remedies 4DCA/3 May 6, 2020
Carmel Development Co., Inc. v. Anderson
Trial court erred in determining plaintiff could selectively allocate liability for liens to certain lots even though improvements that were subject of liens benefited all lots. 		Remedies 6DCA May 4, 2020
Colucci v. T-Mobile USA, Inc.
It was reasonable for the jury to award punitive damages because there was sufficient evidence a managing agent engaged in retaliatory conduct that was malicious or oppressive. 		Remedies 4DCA/1 May 1, 2020
Moore v. Teed
Benefit-of-the-bargain damages are available to fully compensate a plaintiff for all detriment proximately caused by fraudulent fiduciary's actions. 		Remedies 1DCA/1 Apr. 28, 2020
Crosno Construction, Inc. v. Travelers Casualty
'Pay-when-paid' provision within subcontract agreement between general contractor and subcontractor was unenforceable because it would unreasonably impair subcontractor's statutory bond remedy. 		Remedies 4DCA/1 Apr. 21, 2020
Schreiber v. Lee
Management company was entitled to full settlement credit as to noneconomic damages after property owners settled because property owners bore imputed liability for management company's negligence. 		Remedies 1DCA/1 Apr. 13, 2020
Kelly v. House
Trial court erred in denying appellants attorney fees under Civil Code Section 1021.9 because appellants demonstrated concrete injury to real or personal property. 		Remedies 1DCA/1 Apr. 6, 2020
Lopez v. Ledesma
Agency relationship with supervising physician defines scope of physician assistant's license, for purposes of Civil Code Section 3333.2's damages limitation. 		Remedies 2DCA/2 Mar. 26, 2020
Scholes v. Lambirth Trucking Co.
Code of Civil Procedure Section 3346 does not provide enhanced damages or a longer statute of limitations for injuries to timber, trees, or underwood from negligently spread fires. 		Remedies CASC Feb. 21, 2020
Menezes v. McDaniel
Awarding attorney fees and costs for services already performed or anticipated supports the goal of Family Code Section 271 in deterring parties non-compliance. 		Remedies 4DCA/1 Jan. 16, 2020
Villarreal v. Gordon
DMV suspending drivers' licenses based on out-of-state DUI convictions is not sufficient to award attorney fees since benefit doesn't affect general public. 		Remedies 2DCA/1 Jan. 14, 2020
State of California v. Little Sisters of the Poor
Preliminary injunction barring enforcement in several states of final agency rules that exempted certain entities from Affordable Care Act's requirement that group health plans cover contraceptive care without cost sharing was affirmed. 		Remedies 9th Oct. 23, 2019
Garcia v. Myllyla
Punitive damages were neither improper nor excessive, and the jury could consider the effect of events prior to the statute of limitations period on plaintiffs' sensitivity to events during the period. 		Remedies 2DCA/2 Oct. 7, 2019
Fernandez v. Jimenez
Because decedent was a single, loving and loved mother, $11,250,000 to each of her four children, three of whom were minors, did not shock the conscience. 		Remedies 2DCA/3 Sep. 30, 2019
Kaffaga v. Estate of Thomas Steinbeck
Plaintiff failed to meet burden of placing into record meaningful evidence of defendant's financial condition and ability to pay any punitive damages award; thus, punitive damages award could not stand. 		Remedies 9th Sep. 10, 2019
Bustos v. Wells Fargo Bank, N.A.
Under Section 2924.12(h) of the California Homeowner Bill of Rights attorney fees and costs may be awarded when a prevailing borrower obtains temporary or permanent injunctive relief. 		Remedies 3DCA Aug. 30, 2019
1041 20th Street v. Santa Monica Rent Control Bd.
Rent Control Board was not authorized to exempt residential rental units that were granted removal permits from rent control; thus, trial court erred by applying equitable estoppel. 		Remedies 2DCA/5 Aug. 1, 2019
Crump v. Superior Court
There was no evidence to establish that defendant's failure to report gas leak for three days was substantial factor in causing harm; thus, matter remanded on whether petitioners can prove damages. 		Remedies 2DCA/8 Jul. 11, 2019
Hardie v. Nationstar Mortgage LLC
Under Civil Code Section 2924.12(h), borrower who obtains temporary restraining order is 'prevailing borrower' for purposes of attorney fees but because the attorney fee request was procedurally defective, award was reversed. 		Remedies 5DCA Mar. 1, 2019
The Depot v. Caring for Montanans
Under 29 U.S.C Section 1132(a)(3), a plaintiff may not seek recovery out of a defendant's general assets but must seek to recover specifically identified funds traceable items from a defendant. 		Remedies 9th Feb. 7, 2019
Stratton v. Beck
An appellate court's order for parties to bear their own 'costs' during appeal does not include attorney fees, which are therefore recoverable at the trial court level. 		Remedies 2DCA/4 Jan. 4, 2019
Ibrahim v. DHS
In determining whether the government acted in bad faith, for purposes of attorney fees under the EAJA, the district court must take into consideration the totality of the circumstances. 		Remedies 9th Jan. 3, 2019
Copenbarger v. Morris Cerullo World Evangelism, Inc.
For invoices to become admissible under the business record exception they must actually be presented at trial in order to lay the proper foundation, otherwise possible double-hearsay issues may exist. 		Remedies 4DCA/3 Nov. 15, 2018
Modification: Pacific Gas & Electric Co. v. Superior Court
'Thought-provoking' questions raised by plaintiffs as to utility's practices in wake of devastating wildfire do not in themselves show by clear and convincing standard utility acted with 'malice,' precluding punitive damages. 		Remedies 3DCA Jul. 30, 2018
Pacific Gas & Electric Co. v. Superior Court
'Thought-provoking' questions raised by plaintiffs as to utility's practices in wake of devastating wildfire do not in themselves show by clear and convincing standard utility acted with 'malice,' precluding punitive damages. 		Remedies 3DCA Jul. 5, 2018
Lagos v. United States
'Investigations' and 'proceedings' as cited in Mandatory Victims Restitution Act should be construed narrowly, and refer only to government investigations and criminal proceedings. 		Remedies 5DCA May 30, 2018
West Coast Air Conditioning Co. v. California Department of Corrections and Rehabilitation
Promissory estoppel damages properly awarded to firm for firm's bid preparation costs, where court deemed firm should have received project as 'lowest responsible bidder.' 		Remedies 4DCA/1 Mar. 20, 2018
PSM Holding Corp. v. National Farm Financial Corp.
A judgment creditor cannot recover in restitution for losses suffered while in possession of a company it seized from a judgment debtor pursuant to an erroneous judgment. 		Remedies 9th Mar. 8, 2018
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