LEGAL MEMOS

Semaan v. Mosier (2026) 118 Cal.App.5th 460. Investors brought a claim alleging that a court appointed receiver breached fiduciary duties by failing to liquidate investment accounts. The underlying court order had instructed the receiver to liquidate the accounts as soon as practicable. The trial court granted a SLAPP motion in connection with the claim. The Court of Appeal affirmed, holding that the claims arose out of protected conduct in furtherance of the exercise of a constitutional right of petition in connection with a public issue or an issue of public interest because the receiver was appointed in connection with a felony insurance fraud prosecution which was one of the largest workers compensation insurance fraud cases in California history. This had an effect on the public. The court further noted that the investors had not shown they could establish their claims had minimal merit because quasi judicial immunity applied to protect the receiver from liability for discretionary decisions within the scope of the receiver’s responsibilities.

Hatlevig v. General Motors, LLC (2026) 118 Cal.App.5th 644. After reaching a settlement in a suit for a defective automobile, the parties agreed that the plaintiff was the prevailing party for purposes of attorney’s fees and the manufacturer would pay plaintiff the amount of fees determined by the trial court upon noticed motion. The plaintiff filed a motion for attorney’s fees which the trial court denied as untimely. The Court of Appeal affirmed that order holding that the non-appealability of the dismissal the parties agreed to as part of the settlement did not prevent use of the dismissal date as the date on which the time for the attorney to move for attorney’s fees began to run. That time was no more than 180 days after the dismissal.

/lsa