Justia California Court of Appeals Opinion Summaries

Plaintiff-appellant Chad Defries suffered injuries while riding a Yamaha dirt bike. He sued the U.S. distributor of that dirt bike, defendant-respondent Yamaha Motor Corporation, U.S.A. (Yamaha), among others, asserting that the accident was caused by a throttle assembly that fell off the handlebar as he was riding. The jury found in Yamaha’s favor, and the trial court later awarded Yamaha costs. On appeal, Defries contended, among other things, that the trial court erroneously denied his request to instruct the jury that Yamaha was liable for its dealer’s negligent assembly of the dirt bike, a ruling that limited Defries’s negligence cause of action to Yamaha’s own negligence. The Court of Appeal found that California law, however, placed “responsibility for defects, whether negligently or nonnegligently caused, on the manufacturer of the completed product . . . regardless of what part of the manufacturing process the manufacturer chooses to delegate to third parties.” The same principle applied to distributors. And as the distributor of a completed product, Yamaha “cannot delegate its duty . . . [and thus] cannot escape liability on the ground that the defect in [Defries’s bike] may have been caused by something one of its authorized dealers did or failed to do.” If the dealer negligently assembled the product, Yamaha was jointly liable for damages caused by that negligence. Because the requested instruction should have been given, the Court of Appeal reversed the judgment on the negligence cause of action, and affirmed in all other respects. View "Defries v. Yamaha Motor Corporation, U.S.A." on Justia Law

Plaintiff purchased a new pickup truck. FCA US LLC (FCA) is the manufacturer of the truck. Within 900 miles the truck engine overheated and the truck had to be towed to the dealership for repair. The dealership replaced a defective radiator hose clamp, and visually inspected the cylinder heads for cracks that are often caused by overheating. The dealership did not undertake a standard dye test for leaks. The engine continued to overheat and after a few thousand miles the water pump failed. The dealership replaced the water pump under warranty. Plaintiff filed a complaint against FCA alleging causes of action for breach of express warranty and breach of implied warranty. FCA made an offer of settlement of $30,000. Plaintiff refused the offer, and the matter went to jury trial. The jury found FCA breached its express warranty and awarded $20,154 in compensatory damages plus a $10,000 civil penalty, for a total of $30,154. The jury also found FCA breached its implied warranty and awarded $30,154 in compensatory damages.   The Second Appellate District affirmed. The court reasoned that FCA failed to show that any of the damages the jury awarded included registration renewal fees or insurance premiums. The jury simply awarded a lump sum of damages. With such an undifferentiated award, there is no way to determine what portion, if any, of the verdict was rewarded on an improper basis. Further, FCA refused to repurchase the truck or even investigate whether it was a lemon. That is more than sufficient to show a willful violation. View "Figueroa v. FCA US" 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

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

McNeal was exposed to asbestos from several sources. He was diagnosed with mesothelioma in 2017. The jury found his asbestos exposure included the use of Old Spice talcum powder on a daily basis, 1958-1980, except for one year while he was in Vietnam. Talc is a naturally occurring mineral with cosmetic uses. Asbestos, a known carcinogen when inhaled, is also a naturally occurring mineral. When talc is mined, it sometimes contains asbestos.A jury awarded McNeal punitive damages. The defendant, the supplier of the talc in Old Spice that contained asbestos fiber, did not contest the finding it was negligent and otherwise responsible for McNeal's harm but argued that the evidence was insufficient to establish that any officer, director, or managing agent acted with the malice, oppression or fraud necessary for an award of punitive damages. The court of appeal agreed and reversed the award of punitive damages. The evidence does not show that defendant’s executives knew there were “probable dangerous consequences” from trace levels of asbestos in its talc, and deliberately did nothing to avoid them. It was not known until 1994 that the contamination of talc with trace amounts of asbestos could cause mesothelioma or other asbestos-related diseases. View "McNeal v. Whittaker, Clark & Daniels" on Justia Law

Ryan Lawhon alleged he was severely injured when an 18650 lithium-ion battery he bought from a San Diego vape shop suddenly exploded in his pants pocket. In addition to the vape shop and vape distributor, he sued LG Chem Ltd. (LG Chem), the South Korean manufacturer of lithium-ion batteries for negligence and product liability. The trial court denied LG Chem’s motion to quash service of summons for lack of personal jurisdiction, finding the court’s exercise of specific jurisdiction over LG Chem comported with federal due process. LG Chem petitioned the California Court of Appeal for a writ of mandate directing the trial court to vacate its order denying the motion to quash. The Court issued the writ: LG Chem sold 18650 batteries as industrial component products to original equipment manufacturers and battery packers who sell to original equipment manufacturers. It did not design, manufacture, distribute, advertise or sell the batteries for sale to or use by individual consumers as standalone, replaceable batteries. It had no connection to the vape shop or the vape distributor responsible for selling the defective battery that injured Lawhon. Its activities in California consisted of sales of 18650 batteries to three California companies in the electric vehicle industry for use in electric vehicles. The question presented was whether Lawhon’s personal injury claims arose from or related to those sales, to which the Court concluded they did not. Thus, the Court granted the petition and directed the trial court to vacate its order denying the motion to quash, and to enter a new order granting the motion. View "LG Chem, Ltd. v. Superior Court" on Justia Law

Ralph and Heidi Bowser bought a 2006 Ford F-250 Super Duty truck, with a 6.0-liter diesel engine (6.0L engine). They had owned a 2004 model of the same truck; that turned out to be a lemon. The dealership, however, assured them that Ford had “fixed” the problems. After the purchase, the truck required repair after repair. After the truck had about 100,000 miles on it, the Bowsers largely stopped driving it; it mostly sat in their driveway. The Bowsers’ expert testified that, in his opinion, the 6.0L engine had defective fuel delivery and air management systems. Over Ford’s objections, the Bowsers introduced a number of internal Ford emails and presentations showing that Ford was aware that certain parts of the 6.0L engine, including fuel injectors, turbochargers, and EGR valves, were failing at excessive rates, and that Ford was struggling to find the root cause of some of these failures. Ford conceded liability under the Song-Beverly Act. A jury found for the Bowsers on all causes of action, and awarded compensatory and punitive damages. Ford appealed, raising a number of alleged evidentiary errors at trial, and challenged the jury’s award of damages. Finding no reversible error, the Court of Appeal affirmed. View "Bowser v. Ford Motor Company" on Justia Law

A cryogenic storage tank, manufactured by Chart and used by PFC, a San Francisco fertility clinic, to store patients’ reproductive material, experienced a failure. A putative class action was filed in federal court against four defendants. Claims against Chart proceeded in federal court; claims against other defendants proceeded in arbitration. Claimants not involved in the federal litigation filed subsequently-coordinated suits in California state courts against the four defendants. Arbitration was compelled for about 260 claims against PFC but not the other defendants. After 18 months of negotiations and discovery, three defendants reached an agreement to resolve the claims against them in all proceedings. The trial court entered a good faith settlement determination, dismissing with prejudice “[a]ll existing cross-complaints” for equitable indemnity or contribution against the settling defendants.Chart, the non-settling defendant, unsuccessfully challenged the good faith settlement determination in a mandamus proceeding, then filed an appeal. The court of appeal dismissed the appeal, noting a split among the divisions. When one tortfeasor defendant intends to settle a case before it is resolved against all defendants, the tortfeasor may petition the court for a determination that the settlement was made in good faith. (Code Civ. Proc. 877.6.) so that the other defendants are barred from obtaining contribution or indemnification from the settling tortfeasor based on the parties’ comparative negligence or fault. The court’s good faith determination is reviewable only by a timely petition for writ of mandate. View "Pacific Fertility Cases" on Justia Law

A surgeon and his clinic sought a writ from the Court of Appeal directing the trial court to vacate its order allowing the survivors of a patient who died from a surgical procedure to amend their complaint to assert a claim for punitive damages. The Court of Appeal determined the evidence of the misconduct of the surgeon and the employees of his clinic that the survivors submitted with their motion for leave to amend, if believed by the trier of fact, might well support an award of punitive damages. Nevertheless, because the survivors did not move to amend within the time mandated by statute, the Court granted the requested relief. View "Divino Plastic Surgery, Inc. v. Superior Court" on Justia Law

California’s 1986 Safe Drinking Water and Toxic Enforcement Act, Health & Saf. Code 25249.5, Proposition 65, provides that no business shall "knowingly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning.” Mercury compounds are listed as Proposition 65 reproductive toxins. Cosmetics containing 0.0001 percent or more of mercury are prohibited under federal law, 21 U.S.C. 331(a)–(c). Lee alleged skin-lightening creams offered for sale on Amazon’s Web site sold by third parties, contain mercury.The trial court concluded that Amazon is immune from liability under the federal Communications Decency Act (CDA), 47 U.S.C. 230, and that Lee failed to establish elements required by Proposition 65. The court of appeal reversed. The stated reasons for concluding that a laboratory test finding a high level of mercury in one unit of a skin-lightening cream is an insufficient basis for inferring other units of the same product contain mercury do not withstand scrutiny. The trial court erred in ruling that Lee was required to prove Amazon had actual knowledge the products contained mercury and in excluding evidence of constructive knowledge. The negligent failure to warn claim did not seek to hold a website owner liable as the “publisher or speaker of any information provided by another information content provider,” so CDA did not bar the claim. View "Lee v. Amazon.com, Inc." on Justia Law