Justia California Court of Appeals Opinion Summaries

In 2016, McLaughlin, the head of a business, was arrested based on an alleged domestic dispute with his former girlfriend, Olivia. In 2018, an Illinois court ordered all records in that case expunged, and the destruction of McLaughlin’s arrest records and photographs. McLaughlin sought an order of protection against Olivia. The terms of the parties’ subsequent settlement were incorporated in a judgment, which was sealed. Doe nonetheless posted multiple Twitter messages about McLaughlin’s arrest with McLaughlin’s mugshot, tagging McLaughlin’s business contacts and clients, and media outlets. Twitter suspended Doe’s accounts. The Illinois court issued a subpoena requiring the production of documents related to Doe’s Twitter accounts and issued “letters rogatory” to the San Francisco County Superior Court. Under the authority of that court, McLaughlin's subpoena was to be served on Twitter in San Francisco, requesting information personally identifying the account holders. In a motion to quash, Doe argued he had a First Amendment right to engage in anonymous speech and a right to privacy under the California Constitution. Doe sought attorney fees, (Code of Civil Procedure1987.2(c))The court of appeal affirmed orders in favor of McLaughlin. No sanctions were awarded. Doe failed to establish he prevailed on his motion to quash or that “the underlying action arises from [his] exercise of free speech rights on the Internet.” Doe presented no legally cognizable argument that McLaughlin failed to make a prima facie showing of breach of the settlement agreement. View "Doe v. McLaughlin" on Justia Law

On November 4, 2016, Kernan had an External Cephalic Version (ECV) procedure to rotate her healthy 39-week fetus from a breech position. The hospital recorded the ECV as successful. Post-procedure fetal monitoring was “reassuring.” The next day, Kernan could not detect fetal movement and returned to the hospital. After an ultrasound, doctors informed Kernan that she had suffered an intrauterine fetal demise and that they could not determine the cause of death. They noted that nothing in the literature linked ECV with fetal demise. Kernan delivered a stillborn baby on November 7. The delivery doctor, Vargas, told Kernan that he could not see any indicators as to why Kernan’s baby died. Kernan eventually ordered an autopsy. After months of delay due to Dr. Vargas not responding to Kernan’s requests to review the autopsy report with her, Kernan met with Dr. Kerns on July 10, 2017, and learned that doctors had discussed her case during a morbidity and mortality conference. Kernan claims she first became subjectively suspicious of medical negligence during that meeting. On November 6, 2017, Kernan served notice of her intention to file suit. Within 90 days, she filed her negligence complaint.The court rejected the suit as time-barred under Code of Civil Procedure 340.5’s one-year limitations period. The court of appeal reversed. The hospital’s records demonstrate that reasonable minds could differ as to whether Kernan should have suspected negligent performance of the ECV on November 5, 2016. View "Kernan v. Regents of the University of California" on Justia Law

Without notice to appellant A.I. (mother of the minor R.O.), the juvenile court followed its usual practice of converting what was scheduled as a contested jurisdictional confirmation hearing into an uncontested jurisdictional hearing because mother did not appear as ordered. It did so over mother’s counsel’s objection. The Court of Appeal concluded this routine practice denied mother her due process rights. The Court therefore reversed and remanded the matter for a new jurisdictional hearing. View "In re R.O." on Justia Law

Plaintiff-appellant Eleni Gavriiloglou brought this action against her former employer and its alleged alter egos. She asserted, among other things: (1) individual claims for damages based on Labor Code violations; and (2) a representative claim for civil penalties for Labor Code violations under the Private Attorneys General Act (PAGA). Gavriiloglou had signed an arbitration agreement, so the trial court compelled her to arbitrate her non-PAGA claims and stayed her PAGA claim while she did. The arbitrator found that the alleged Labor Code violations had not occurred. The trial court then granted judgment on the pleadings against Gavriiloglou on her PAGA claim, ruling that the arbitrator’s findings established that she was not an “aggrieved employee” within the meaning of PAGA, and therefore that she lacked standing to bring a PAGA claim. Gavriiloglou appealed, contending: (1) the trial court erred by denying her petition to vacate the arbitration award; and (2) the trial court erred by ruling that the arbitration award barred her PAGA claim. The Court of Appeal found that the trial court properly denied the motion to vacate the arbitration award. However, the Court also held that the arbitration did not bar the PAGA claim because Gavriiloglou was acting in different capacities and asserting different rights. Accordingly, judgment was reversed and the matter remanded for further proceedings. View "Gavriiloglou v. Prime Healthcare Management" on Justia Law

After Plaintiff-appellant David Salazar bought Walmart, Inc.’s “Great Value White Baking Chips” incorrectly thinking they contained white chocolate, he filed this class action against Walmart for false advertising under various consumer protection statutes. The trial court sustained Walmart’s demurrers without leave to amend, finding as a matter of law that no reasonable consumer would believe Walmart’s White Baking Chips contain white chocolate. The thrust of Salazar's claims was that he was reasonably misled to believe the White Baking Chips had real white chocolate because of the product’s label and its placement near products with real chocolate. Salazar also alleged that the results of a survey he conducted show that 90 percent of consumers were deceived by the White Baking Chips’ advertising and incorrectly believed they contained white chocolate. “California courts . . . have recognized that whether a business practice is deceptive will usually be a question of fact not appropriate for decision on demurrer. ... These are matters of fact, subject to proof that can be tested at trial, even if as judges we might be tempted to debate and speculate further about them.” After careful consideration, the Court of Appeal determined that a reasonable consumer could reasonably believe the morsels had white chocolate. As a result, the Court found Salazar plausibly alleged that “‘a significant portion of the general consuming public or of targeted consumers, acting reasonably in the circumstances, could be misled’” by the chips' advertising. Judgment was reversed and the matter remanded for further proceedings. View "Salazar v. Walmart, Inc." on Justia Law

Petitioner filed a complaint against Comprehensive Print Group LLC and its subsidiary American Pacific Printers College, Inc. for pregnancy and gender and sex-and-gender-based harassment in violation of FEHA; interference with her leave rights and retaliation for attempting to exercise those rights under the Pregnancy Disability Leave Law (PDLL) and the California Family Rights Act (CFRA); failure to prevent harassment, discrimination and retaliation in violation of FEHA and wrongful termination in violation of public policy.   Respondent Los Angeles Superior Court, in a terse order, granted Malloy’s employers’ motion for change of venue, concluding venue was proper only in Orange County. The Second Appellate District disagreed and granted Petitioner’s petition for writ of mandate and order respondent superior court to vacate its order granting the motion for change of venue and to enter a new order denying the motion, permitting Petitioner’s case to proceed in Los Angeles County.   The court reasoned that none of the real parties presented any evidence in the trial court disputing those allegations that Petitioner always worked from Orange County and would have been immediately required to return to the company’s Orange County office if she had not been fired. Further, Petitioner’s cause of action for interference with her PDLL rights—and, therefore, all her causes of action arising from the same set of operative facts— was properly filed in Los Angeles County. View "Malloy v. Superior Court" on Justia Law

After Plaintiff-appellant David Salazar bought Target Corporation’s White Baking Morsels incorrectly thinking they contained white chocolate, he filed this class action against Target for false advertising under various consumer protection statutes. Salazar claimed he was reasonably mislead to believe the White Baking Morsels had real white chocolate because of the product’s label, its price tag, and its placement near products with real chocolate. To support his position, Salazar alleged that the results of a survey he conducted showed that 88 percent of consumers were deceived by the White Baking Morsels’ advertising and incorrectly believe they contained white chocolate. He also alleged that Target falsely advertised on its website that the “‘chocolate type’” of White Baking Morsels was “‘white chocolate,’” and placed the product in the “‘Baking Chocolate & Cocoa’” category. Target demurred to all three claims on the ground that no reasonable consumer would believe the White Baking Morsels contained real white chocolate. Target also argued that Salazar lacked standing to assert claims based on Target’s website because he did not view the website and did not rely on its representations. The court sustained Target’s demurrer without leave to amend and entered judgment for Target. “California courts . . . have recognized that whether a business practice is deceptive will usually be a question of fact not appropriate for decision on demurrer. ... These are matters of fact, subject to proof that can be tested at trial, even if as judges we might be tempted to debate and speculate further about them.” After careful consideration, the Court of Appeal determined that a reasonable consumer could reasonably believe the morsels had white chocolate. As a result, the Court found Salazar plausibly alleged that “‘a significant portion of the general consuming public or of targeted consumers, acting reasonably in the circumstances, could be misled’” by the White Baking Morsels’ advertising. Judgment was reversed and the matter remanded for further proceedings. View "Salazar v. Target Corp." on Justia Law

Yaning was president of the Alumni Association; Jin was the executive vice president, and Fuzu was the vice president. To incorporate the Association as a nonprofit, Jin filed documents, listing himself as Secretary and CFO, and Yaning as CEO. This information was hidden from Fuzu. Association members elected a new board of directors. Fuzu was elected as secretary. Fuzu did not attend the meeting and was not informed of his election. Jin filed the Association’s IRS application for tax-exempt status, listing Fuzu as a director. No notice was given to Fuzu. Months later, Fuzu learned that he had been listed on the IRS application and was upset that his personal information had been used without his consent and that he had not been told he was on the board. Fuzu posted a message in the Association Wechat group telling alumni about Jin's actions.Jin sued Fuzu, alleging defamation and false light. Fuzu filed a cross-complaint, alleging breach of charitable trust, constructive fraud, fraud, and intentional deceit, civil conspiracy, commercial misappropriation of likeness, common law misappropriation of likeness, and negligent infliction of emotional distress. Each party filed a special motion to strike under Code of Civil Procedure 425.16. The court of appeal reversed the denial of the anti-SLAPP motion with respect to Jin’s submission to the IRS application; that application is a protected activity. The trial court must whether Fuzu can demonstrate that his claims relating to the submission have minimal merit. View "Li v. Jin" on Justia Law

Appellants Patricia Flores and Angelica Sanchez appealed after the trial court granted summary judgment in favor defendant City of San Diego (the City). Flores and Sanchez sued the City for wrongful death and negligence, respectively, in connection with the death of William Flores, who was operating a motorcycle that was the subject of a police vehicle pursuit when he crashed and was killed. The City moved for summary judgment on the ground that it was immune from liability under the grant of immunity provided for in Vehicle Code section 17004.7. The Court of Appeal concluded that the vehicle pursuit policy training required by section 17004.7 had to meet certain basic standards that were set forth in California Code of Regulations, title 11, section 1081, as adopted by the Commission on Peace Officer Standards and Training (the POST Commission), including an annual one-hour minimum time standard set out in that regulation, before a governmental entity was entitled to immunity under the statute. "Not only did the City fail to present undisputed evidence that the training it provided in the year prior to the incident at issue met the annual one-hour standard, but the City failed to dispute the fact, put forth by appellants, that the training implemented by the City comprised a single video of less than half the required one-hour duration." In the absence of training that met the standards imposed by Regulation 1081, as required by section 17004.7, the City was not entitled to immunity under that statute, as a matter of law. Summary judgment in favor of the City was therefore erroneously granted, and the judgment had to be reversed. View "Flores v. City of San Diego" on Justia Law

Plaintiff, surgeon Aram Bonni sued his employers, defendants Mission Hospital Regional Medical Center and St. Joseph Hospital of Orange, as well several other related entities and physicians (collectively, the Hospitals) for retaliation under California Health and Safety Code section 1278.5. Bonni alleged he made whistleblower complaints, which caused the Hospitals to retaliate against him by, among other things, suspending his medical staff privileges and initiating peer review proceedings to evaluate his privileges. In response, the Hospitals filed an anti-SLAPP motion, arguing Bonni’s retaliation cause of action arose from the peer review proceedings, which were protected activity, and that his claims had no merit. The trial court agreed and granted the motion in its entirety. Bonni appealed. The Court of Appeal reversed, finding Bonni’s retaliation claim did not arise from protected activity. The California Supreme Court then granted review, determining Bonni’s retaliation cause of action was composed of 19 distinct retaliation claims. Of these claims, it found eight arose from protected activity while the remainder did not. It remanded the matter back to the Court of Appeal to determine whether Bonni had shown a probability of prevailing on those eight claims. On remand, the appellate court concluded Bonni has not met the requisite burden because the eight claims at issue were all precluded by the litigation privilege. Based on this finding and the Supreme Court’s ruling, the Court of Appeal reversed the trial court’s order granting the Hospitals’ anti-SLAPP motion in its entirety. The trial court was directed to enter an order granting the motion as to the eight claims at issue and denying it as to the remaining retaliation claims. View "Bonni v. St. Joseph Health System" on Justia Law