Developments Of Interest​

02/25/2021

Balla v. Hall (2021) 59 Cal.App.5th 652. This is SLAPP case involving claims for defamation and false light invasion of privacy. The Court found that a SLAPP motion can reach separate claims within a single pled cause of action and motions in that case did not have to be denied in their entirety if the claims were actionable in part…

01/20/2021

Quidel Corporation v. Superior Court (2020) 57 Cal.App.5th 155. This is sort of an interesting application of Business and Professions Code § 16600. The court finds that an exclusive dealing agreement between two sophisticated biotechnology companies was not automatically…

01/05/2021

Changsha Metro Group Company Limited v. Xufeng (2020) 57 Cal.App.5th 1. This case involved an award of attorneys’ fees as sanctions for a frivolous SLAPP motion. The court of appeal affirmed the award of attorneys’ fees finding that the request for fees was properly submitted in the opposition…

12/18/2020

RCG Gaslamp, LLC v. Ehmcke Sheetmetal Company, Inc. (2020) 56 Cal.App.5th 413. This is a SLAPP matter. An owner sued a subcontractor for quiet title, slander of title and declaratory and injunctive relief after it had secured a bond to release…

11/10/2020

Caliber Paving Company, Inc. v. Rexford Industrial Realty & Management, Inc. (2020) 54 Cal.App.5th 175. A subcontractor sued a general contractor for breach of contract and also sued the owner of the property for intentional interference…

10/30/2020

Murray v. Tran (2020) 55 Cal.App.5th 10. This is a SLAPP action in which the court struck defamation claims, which claims asserted that a dentist’s work was substandard…

10/29/2020

Oakland Bulk & Oversize Terminal, LLC v. City of Oakland (2020) 54 Cal.App.5th 738. This is a SLAPP case. A developer sued the City of Oakland asserting tort and breach of contract claims relating to the development of a shipping terminal at a former Army base…

10/05/2020

Williams v. 3620 W. 102nd Street, Inc. (2020) 53 Cal.App.5th 1087. This was a petition to compel arbitration based on agreements in residential leases…

09/30/2020

Ixchel Pharma, LLC v. Biogen, Inc. (2020) 9 Cal.5th 1130. Plaintiff had entered into an agreement with a drug company to develop a drug for the treatment…

09/17/2020

Moreno v. California State Teachers Retirement System (2020) 52 Cal.App.5th 547. This was a case involving the State Teachers Retirement System law and particularly Education…

09/15/2020

Wittenberg v. Bornstein (2020) 50 Cal.App.5th 303. This is a SLAPP matter. Plaintiff filed a lawsuit both individually and derivatively on behalf of an LLC in which he was an owner…

07/13/2020

VVA-Two, LLC v. Impact Development Group, LLC (2020) 48 Cal.App.5th 985. This is an arbitration award which gets affirmed at both the trial court level and on appeal, but it is…

05/26/2020

Weimer v. Nationstar Mortgage, LLC (2020) 47 Cal.App.5th 341. In this case the court notes that a financial institution as a general rule does not have a duty of care to a borrower when…

05/13/2020

Zehia v. Superior Court (2020) 45 Cal.App.5th 543. The court finds jurisdiction exists based on substantial contacts which arise under the effects test as result of a nonresident engaging…

03/23/2020

Aldea Dos Vientos v. CalAtlantic Group (2020) 44 Cal.App.5th 1073.  An arbitrator dismissed claims made against a developer because no membership vote was taken prior to the…

03/16/2020

Hansel Phelps Construction Company v. Superior Court (2020) 44 Cal.App.5th 595.  This was a case that turned on the question of when a project reached substantial completion so as to…

03/02/2020

Techno Lite, Inc. v. Emcod, LLC (2020) 44 Cal.App.5th 462.  Employees were found liable for fraud based on a false promise they made to their employer that a company which the…

02/28/2020

Ojjeh v. Brown (2019) 43 Cal.App.5th 1027.  The defendants solicited and obtained investments from the plaintiff to produce a documentary film on the refugee crisis in Syria. …

02/14/2020

Rall v. Tribune 365, LLC (2019) 43 Cal.App.5th 638.  Another SLAPP case.  In this one the Plaintiff was a cartoonist and blogger and sued certain media defendants for defamation…

01/31/2020

Bernstein v. LaBeouf.  (2019) 43 Cal.App.5th 15.  This is a SLAPP case in which a Defendant who is an actor called Plaintiff, who was a bartender, a “racist” after…

01/14/2020

Island Springs Conference & Training Center v. City of Banning (2019) 42 Cal.App.5th 416.  In this case a judgment creditor brought a successful motion to amend the judgment to…

01/03/2020

Wishnev v. The Northwestern Life Insurance Co. (2019) 8 Cal.5th 199.  This is a case decided by the California Supreme Court after a referral from the Ninth Circuit Court of Appeals…

12/23/2019

Miller v. Zurich American Insurance Co. (2019) 41 Cal.App.5th 247.  This is another in a long succession of SLAPP cases.  An insurer moved to strike a complaint in an insurance…

11/06/2019

Hicks v. Richard (2019) 39 Cal.App.5th 1167.  This is a SLAPP decision.  Plaintiff filed a complaint for defamation and intentional infliction of emotional distress concerning…