Justia California Court of Appeals Opinion Summaries

Thompson founded a consulting firm (WREG) to advise clients in a niche internet infrastructure industry called “colocation.” WREG sometimes, but not always, performed services that required a real estate broker’s license. Because Thompson did not have a broker’s license when he founded WREG, he decided to collaborate with Asimos. Thompson and Asimos adapted a standard form independent contractor agreement typically used by real estate brokers and agents, which turned out to be a poor fit. Disputes arose concerning alleged underpayment of commissions and alleged failure to comply with regulatory requirements governing real estate brokerage. They sued each other on various breach of contract and business tort theories. Thompson obtained a substantial damages award, plus an award of attorney fees. The court of appeal affirmed court’s rejection of all of Asimos’s claims against Thompson and its determination of liability against Asimos for breach of contract, unfair competition, and trademark infringement, but vacated the damages award and remanded for recalculation against Asimos on Thompson’s claims for unfair competition and trademark infringement. View "Thompson v. Asimos" on Justia Law

Ryan sued his former employer, NextG, alleging that NextG had breached a promise to grant him lucrative stock options as a condition of his employment. The case went to the jury with an “unclear special verdict form and unhelpful instructions.” The jury sustained two contract-based causes of action, but failed to find the value of the promised options, despite a directive on the verdict form that it do so. Instead it made a finding of the income plaintiff lost by entering the employment relationship, despite a directive obviating such a finding in light of the jury’s rejection of plaintiff’s tort causes of action. The trial court denied a motion for a new trial, and suggesting that declarations were necessary to determine “what the jury actually did.” The court of appeal reversed with instructions to grant a new trial. The court was fully empowered and obligated to make an independent assessment of the adequacy of the verdict, which was unmistakably unsound. If viewed as an award of tort damages, it had no foundation in law. If viewed as an award of contract damages, it had no foundation in fact. View "Ryan v. Crown Castle NG Networks, Inc." on Justia Law

In early 2008, plaintiff-appellant Taghi Alereza agreed to help his nephew Habib (Bobby) purchase a business consisting of a gas station and convenience store in Sacramento. They planned to have Bobby run the business. Alereza’s role involved nothing more than providing the initial purchase funds and a $100,000 note secured by his residence. The sole issue in this appeal centered on whether escrow company Chicago Title Company (Chicago Title) owed a legal duty of care to Alereza, who was not a party to the escrow nor mentioned as a third party beneficiary in the escrow instructions. Chicago Title admitted its employee negligently listed the wrong name of the insured (the purchaser of the gas station business) when securing a new certificate of insurance for the business. “This was the first of a series of missteps by several persons that eventually led to Alereza giving a personal guarantee to save the gas station business.” Claiming damages for losses incurred after giving his personal guarantee, Alereza sued Chicago Title. The trial court granted Chicago Title’s motion for nonsuit, and Alereza appealed. The Court of Appeal concluded Chicago Title did not owe a duty of care to Alereza because he was not a party to the escrow, not mentioned in the escrow instructions as a third party beneficiary, and did not sustain his losses as a direct result of the escrow company’s negligence. View "Alereza v. Chicago Title Co." on Justia Law

Plaintiff filed suit against the former attorneys who had represented her in a personal injury action. Plaintiff alleged eight causes of action arising from alleged misconduct during the course of the parties’ attorney-client relationship. The trial court sustained defendants’ demurrer to plaintiff’s operative first amended complaint on the basis of the statute of limitations. The court concluded that all of plaintiff's causes of action are time-barred as a matter of law. Accordingly, the court affirmed the judgment. View "Foxen v. Carpenter" on Justia Law

Stephen Shapiro was a licensed real estate broker and the principal of plaintiff Westside. Shapiro's friends, James and Eleanor Randall, agreed to have Shapiro represent them in a residential real estate purchase. However, the agreement was never put in writing. The Randalls later worked with their attorney, Richard Meaglia, to buy the $65 million dollar estate Shapiro had originally identified and negotiated offers and counteroffers on. Westside then filed suit against the Randalls for breach of an implied contract and filed suit against Meaglia for intentional interference with an implied contract. Westside sought compensatory damages of $925,000, the same amount as the broker’s fee Meaglia eventually collected. Westside subsequently dismissed its case against Meaglia, and the trial court entered a final judgment dismissing the first amended complaint (FAC) against all defendants. The court concluded that the trial court correctly ruled that the statute of frauds applies to Westside's claim; the FAC alleges no written agreement between Westside and the Randalls; and thus Westside’s claim for its commission is subject to—and barred by—the statute of frauds. Finally, the court concluded that the trial court did not abuse its discretion in denying leave to amend its claim against the Randalls. Accordingly, the court affirmed the judgment. View "Westside Estate Agency v. Randall" on Justia Law

A fire destroyed a house. The homeowner’s insurer agreed to pay for the damages resulting from the fire, then sued the contractor who installed the fireplace several years earlier, claiming negligence. The contractor tendered defense of the action to its liability insurer, asserting that even though the fire occurred after the relevant policy periods ended, there was a possibility of coverage because the fire may have been the result of ongoing damage to the wood in the chimney during one or more policy periods due to the exposure of that wood to excessive heat from the chimney every time a fire was burned in the fireplace. The issue this case presented for the Court of Appeal’s review was whether, under the standard language of the commercial general liability policy at issue here, did the liability insurer have a duty to defend the contractor? After review of that policy, the Court answered “yes” and reversed the trial court’s judgment that concluded otherwise. View "Tidwell Enterprises v. Financial Pacific Ins. Co." on Justia Law

This case arose out of the purchase of a used 2007 BMW vehicle by plaintiff-appellant Michael Tun from defendant-respondent Plus West LA Corporation, dba CA Beemers (CA Beemers). Defendant-appellant Wells Fargo Dealer Services, Inc., an incorporated division of Wells Fargo Bank, N.A. (collectively Wells Fargo), subsequently accepted assignment of Tun's retail installment sales contract (RISC) under an agreement with CA Beemers and/or defendant and respondent West LA Corporation, dba California Beemers (California Beemers) (sometimes collectively dealer). Tun listed 11 causes of action in a third amended complaint, all based primarily on his contention that dealer knowingly and intentionally failed to disclose that the vehicle had suffered "frame/unibody damage" from a prior collision, which damage Tun further alleged "existed at the time it was sold" to him and which "substantially decreased the value of the vehicle." Tun alleged he first learned the vehicle had been in a prior collision when he took it to a mechanic near his home, after he experienced problems while driving the vehicle. After a multi-day trial, the jury returned a verdict in favor of the dealer, finding dealer had not committed fraud, breached its contract with Tun or otherwise engaged in conduct that violated the Consumers Legal Remedies Act. The jury also found that Wells Fargo was not derivatively liable as holder of the RISC. Following the verdicts, the trial court granted Tun's new trial motion only as to Wells Fargo, despite the fact Wells Fargo was only liable to the extent, if at all, dealer was liable. In granting the motion, the trial court determined it had erred in ruling pretrial that Tun could not comment to the jury regarding Wells Fargo's tender under section 2983.4—a statute awarding a party prevailing under the Automobile Sales Financing Act (hereafter ASFA) reasonable attorney fees and costs—of the amount Tun had paid under the RISC ($15,700). Wells Fargo appealed, arguing that the court had correctly ruled in limine that Tun could not comment on Wells Fargo's tender under section 2983.4 because that tender could not be treated as a judicial admission of liability; that the tender was irrelevant to the issues decided by the jury, which focused on the conduct of dealer in connection with the sale of the vehicle; that, even assuming error, Tun could not establish prejudice; and that the new trial order was improper because there were no issues left to try, inasmuch as Wells Fargo's liability, if any, was derivative of dealer's, and dealer was exonerated. After review, the Court of Appeals concluded the trial court erred in granting Tun a new trial against Wells Fargo because the Court concluded the court's pretrial ruling precluding comment on the Wells Fargo tender was not legal error. The Court rejected Tun's cross-appeal. View "Tun v. Wells Fargo Dealer Services" on Justia Law

Don Mealing, as Trustee of the Mealing Family Trust (Mealing), sought a judgment directing Diane Harkey for Board of Equalization 2014 (Campaign) to repay a loan Diane Harkey made to the Campaign, and to apply the proceeds to partially satisfy a nearly $1.6 million judgment Mealing obtained against Diane's husband, Dan Harkey. Mealing claimed the Campaign's indebtedness to Diane was a community property asset of Dan and Diane that could be used to partially satisfy the judgment. To preserve the Campaign's assets, Mealing applied ex parte for an order under Code of Civil Procedure section 708.240, subdivision (a), to prohibit the Campaign from making any payments to Diane on the loan. The trial court denied the application without explanation and Mealing appealed. On appeal, Mealing argued the trial court lacked discretion to deny his application because he made a prima facie showing that he obtained a judgment against Dan, the judgment remained unpaid, and Diane's loan to the Campaign was a marital asset that he could use to partially satisfy the judgment, and the Campaign presented no evidence to overcome that showing. Finding no error however, the Court of Appeals affirmed: Diane was not a judgment debtor, which was statutorily defined as the person against whom a judgment was rendered. View "Mealing v. Diane Harkey for Board of Equalization 2014" on Justia Law

BMW of North America, LLC and GMG Motors, Inc., doing business as BMW of San Diego (BMW San Diego) appealed a judgment awarding Nancy Goglin over $185,000 in attorney fees and costs for successfully settling her claims under the Song-Beverly Consumer Warranty Act and other consumer protection statutes. Both BMW North America and BMW San Diego contended Goglin was not entitled to any attorney fees or costs because BMW San Diego offered an appropriate remedy before Goglin filed her complaint, which Goglin unreasonably refused to accept. Alternatively, BMW San Diego argued the fee award should have been be reduced because there was insufficient evidence to show Goglin's counsel's hours worked and hourly rate were reasonable given the litigation's lack of risk and complexity. After review, the Court of Appeals was not persuaded by these contentions and affirmed. View "Goglin v. BMW of North America" on Justia Law

In 2011, the Hjelms leased an apartment in a large San Mateo complex from Prometheus. They signed the 24-page lease while still living in another state and without any negotiation. The lease had three one-sided provisions allowing Prometheus to recover attorney fees. Their apartment became infested with bedbugs, and the complex had an ongoing raw sewage problem. Ultimately the Hjelms and their children were forced to leave. The Hjelms sued Prometheus; a jury returned a verdict for them, awarding economic damage to the Hjelms in the amount of $11,652; non-economic damage to Christine Hjelm of $35,000; and non-economic damage to Justin Hjelm of $25,000. The trial court then awarded the Hjelms their attorney fees ($326, 475) based on Civil Code section 1717. The court of appeal affirmed, noting that a one-sided attorney’s fee provision violates Civil Code 1717(a). No challenge to the verdict could succeed and section 1717 does apply. View "Hjelm v. Prometheus Real Estate Grp., Inc." on Justia Law