California Case Summaries
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California

4th District Court of Appeal, Division One
Uncategorized

Higginson v. Kia Motors America — Trial Court Should Have Imposed Terminating Sanctions for Kia’s False Discovery Responses About Engine-Defect Records

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.

4th District Court of Appeal, Division One
Uncategorized

Mustaqeem v. City of San Diego — State Sidewalk-Vendor Law Preempts Some San Diego Vending Ordinances; Preliminary Injunction Reversed

Fourth District reverses denial of a preliminary injunction by a licensed sidewalk vendor against the City of San Diego, holding that at least two of the City’s vending ordinances — covering impoundment of merchandise and operating-hour restrictions — directly conflict with state sidewalk-vend

4th District Court of Appeal, Division One
Uncategorized

Barbanell v. Lodge — Petitioner Who Wins a Court Order Appointing a New Arbitrator Is a ‘Prevailing Party’ Entitled to Fees

Fourth District holds that a party who wins a discrete court petition to appoint a new arbitrator is the prevailing party in that proceeding and is entitled to attorney fees under the underlying contract, even though the parties’ substantive disputes remained pending in arbitration and a paral

4th District Court of Appeal, Division One
Uncategorized

American Medical Response of Inland Empire v. County of San Bernardino — County Had Discretion to Pick a Different EMS Bidder Even When AMR Scored Highest

Fourth District reverses a preliminary injunction that had blocked San Bernardino County from awarding its exclusive EMS contract to a fire-services bidder over incumbent AMR, holding the County retained discretion to weigh proposals and was not required to advance only the highest-scoring bid.

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