Second District reverses an order staying a Song-Beverly action against Thor Motor Coach, holding the warranty’s Indiana forum-selection clause is unenforceable even when accompanied by a stipulation that California law would govern.
Fourth District affirms summary judgment for Chapman University in a COVID-19 tuition-refund case, holding that the university’s general descriptions of campus facilities and ‘face-to-face’ contact were not specific enough to form an enforceable implied promise of in-person educati
Fourth District reverses a defense judgment in a Song-Beverly action against Kia, holding the trial court abused its discretion by accepting Kia’s false verified discovery responses about engine-defect records and failing to impose terminating sanctions when the falsity was revealed.
First District holds the automatic bankruptcy stay does not bar appellate proceedings the debtor itself brought, and affirms a defense verdict and attorney-fee award in a $1.5 million loan-related contract and fraud dispute.
Second District holds that a plaintiff who defeats an early bond motion under Corporations Code section 17709.02 is still subject to the ordinary cost-shifting rules if he ultimately loses the derivative suit on the merits.
In a putative class action alleging that SD Bullion’s ‘The Lowest Price. Period.’ advertising for precious-metal coins was false because competitors charged less, the court trimmed several theories at the motion-to-dismiss stage but allowed the consumer’s core false-advertisi
Central District of California dismisses fraud, aiding-and-abetting, and UCL claims against an accounting firm whose Schedule K-1s wrongly indicated investors had received distributions, holding investors did not plausibly allege the firm knew the distributions never occurred when it prepared the fo
Second District holds that under California’s Song-Beverly Consumer Warranty Act, only the actual buyer has standing to sue for restitution, but a manufacturer cannot reduce its restitution by the amount of a third-party insurance payout the buyer received after the car was wrecked.
Central District of California denies remand of a pro se WeWork dispute, dismisses the contract, conversion, and emotional-distress claims with leave to amend, and dismisses the federal E-SIGN Act and Unruh Act claims permanently for lack of any private right of action and missing intent allegations
In a breach-of-contract dispute over a $160,000 fee demand following a cybersecurity vendor’s alleged failure to detect a 2023 data breach at a Georgia orthopedic clinic, the court dismissed the vendor’s counterclaim theories for fraud in the inducement, breach of the implied covenant of