California Supreme Court & Court of Appeal

Horvitz & Levy appears more often in the California appellate courts than any other firm. In the California Supreme Court, we have appeared as counsel of record or as counsel for amicus curiae in nearly 200 cases over the last 30 years, including 60 appearances in the last decade. In the California Court of Appeal, we have appeared as counsel of record in more than 1,300 cases since 1990.

As a result of our extensive experience, we have an unparalleled knowledge of the justices, procedures, and culture of the California appellate courts. Members of our firm literally wrote the book on California appellate practice. Founding partner Ellis J. Horvitz was one of the original co-authors of the leading treatise on civil appeals and writs in California, the Rutter Group's California Practice Guide: Civil Appeals and Writs. Curt Cutting and Bradley S. Pauley are co-authors of the California chapter of the Appellate Practice Compendium, published by the American Bar Association.

Our experience has translated into results. For example, since 2008 we have prevailed in 55% of cases in which we have represented appellants, compared to an average success rate of 20-25% for California civil appeals.

We have been ranked as the #1 appellate practice in California by The Best Lawyers In America, and listed in the highest tier of California appellate firms by Chambers and Partners U.S.A., which has lauded the "strong performance and fresh perspective" of our attorneys and our "insight into the workings of the Supreme Court of California."

Horvitz & Levy also conducts and participates in appellate moot courts for attorneys and clients dealing with high-stakes and complex matters. Participation in our moot court sessions, followed by in-depth discussions and comprehensive evaluations of issues and strategies by our experts, delivers invaluable insights. Our moot courts can uncover potential challenges, help prepare for the unexpected, and give clients a winning edge.

Drawing on our extensive experience in the California Supreme Court, we provide news and commentary on the practice of law before that court through our blog, At the Lectern. Contact H. Thomas Watson and Emily V. Cuatto for more information about our California Supreme Court & Court of Appeal practice.

Drost v. Sheridan

California Court of Appeal affirms application of MICRA to reduce damages award against chiropractor from $29.5 million to $250,000.

Ward v. Billinglsey

California Court of Appeal affirms defense judgment after plaintiff claims discrimination in jury selection.

Charlie L. v. Kangavari

California Court of Appeal publishes opinion holding that a statute providing procedural safeguards for ER surgeons against medical malpractice claims also protects other physicians who consult remotely with the ER department

Navarro v. Cervera

Court of Appeal emphasizes that Domestic Violence Protection Act must be applied to achieve its protective purposes.

Collins v. Diamond Generating Corporation

California Court of Appeal reverses $104 million wrongful death judgment based on trial court’s refusal to instruct jury on the Privette doctrine.

Aldaco v. FMC

California Court of Appeal rules that used vehicles sold with a remaining new car warranty balance are not “consumer goods” within the meaning of the Song-Beverly Act.

Hill Family LP v. Trader Joe's

California Court of Appeal rules that Trader Joe’s is entitled to express indemnity arising out of a lease agreement.

Lloyd v. Byrd Technologies

California Court of Appeal affirms judgment for product defendant, rejecting plaintiff’s challenge to the trial court’s response to jury questions.

Rodriguez v. FCA

California Supreme Court rules that used vehicles sold with a remaining new car warranty balance are not “new motor vehicles” subject to the Song-Beverly Act’s refund-or-replace remedy.

Watts v. Pneumo Abex

California Court of Appeal reverses for new trial in asbestos case.

Martinez Iriqui v. Latt

California Court of Appeal rules that trial court’s discovery and trial-scheduling rulings did not constitute a “structural error” requiring a new trial.

Valdovinos v. Kia

California Court of Appeal reverses jury’s award of unrecoverable elements of restitution and affirms new trial on civil penalties in lemon law case.

Samuelian v. Life Generations Healthcare, LLC

In a published opinion, California Court of Appeal holds that noncompetition provisions are binding on partial owners of a business unless the provisions are unreasonable, reversing confirmation of a $40 million arbitration award.

Washington 111 v. Kelsey

California Court of Appeal rules that commercial landlord is entitled to a new trial in dispute with former tenant.

Greisman v. FCA US, LLC

In partially published opinion, California Court of Appeal affirms order enforcing lemon law settlement that plaintiff’s counsel attempted to disavow.

Turrieta v. Lyft, Inc.

California Supreme Court holds that plaintiffs cannot intervene in overlapping PAGA cases to challenge settlements based on their status as the State’s deputized private attorneys general.

Moir v. Ventura Locksmiths

Court of Appeal affirms modest judgment in personal injury action, rejecting plaintiff’s bid for a new trial.

A.L. v. Harbor Developmental Disabilities Foundation

California Court of Appeal limits the duties owed by regional centers for the developmentally disabled.

Carolina Beverage Corp. v. FIJI Water

California Court of Appeal reverses $6 million award and holds that “constructive termination” of a commercial distribution contract is not a viable theory of recovery under California common law.

Novoa v. Honda

California Court of Appeal denies plaintiff’s writ petition on the merits in lemon law arbitration dispute.

Howard v. Clark Construction

Horvitz & Levy persuades the Court of Appeal to dismiss appeal from attorney disqualification ruling.

Al Shikha v. Lyft

In a published opinion, California Court of Appeal holds there is no common-law duty to run criminal background checks on passengers before they can be permitted to use the Lyft rideshare app.

Hinshaw v. Anaheim City Centre

Horvitz & Levy successfully defends summary judgment in a premises liability case.

Diaz v. Macy's West Stores, Inc.

Ninth Circuit holds that courts cannot require companies to arbitrate Private Attorneys General Act claims on a representative basis where arbitration agreements include a class or collective action waiver.

Musharbash v. San Antonio Regional Hospital

Horvitz & Levy successfully secures writ relief ordering summary judgment in favor of hospital in wrongful death.

Patterson v. College Medical Center

Horvitz & Levy successfully secures writ relief protecting medical center from discovery order compelling it to release psychiatric patients’ contact information.

LaMarr v. UC Regents

Horvitz & Levy successfully defends judgment in favor of The UC Regents in an employment case involving an employee who voluntarily transferred to a lower-ranked position to avoid facing possible termination.

Chino Basin Municipal Water District v. City of Chino

California Court of Appeal rejects challenge to longstanding operating practices of water rights entity.

Boermeester v. Carry (II)

California Court of Appeal holds that private universities disciplining students for sexual assault or intimate partner violence may employ an investigatory model in which the same university official acts as investigator and factfinder.

Ayers v. FCA

Horvitz & Levy persuaded the Court of Appeal to issue a published opinion that rejects a commonly used tactic to inflate attorney fee awards in lemon law cases.

Morgenthaler v. Zircon Corporation

California Court of Appeal affirms summary judgment for shipper of goods that hired trucking company whose driver caused an accident.

Li v. Cole Haan LLC

California Court of Appeal affirms summary judgment for owner of retail store in premises liability action.

Gantner v. PG&E

Supreme Court holds that PG&E is not liable for emergency power shutoffs it implemented to reduce the risk of catastrophic wildfires.

Jackson v. UC Regents

California Court of Appeal affirms nonsuit in disability discrimination action.

Perez v. Galt Joint Union Elementary School District

Court of Appeal affirms defense judgment in favor of school district, holding that workers’ compensation provides exclusive remedy to volunteer injured at a spelling bee.

Pacific Gas & Electric Co. v. Superior Court (South San Joaquin Irrigation District)

California Court of Appeal holds that, in a utility takings case, a public entity's findings of public necessity and "more necessary public use" are not reviewed by the trial court only for substantial evidence or a gross abuse of discretion.

Intellisoft, Ltd. v. Acer America Corporation

California Court of Appeal affirms defense summary judgment in $157.7 million trade secrets misappropriation action.

Shenoi v. Maya

California Court of Appeal affirms defense judgment in defamation case involving youth soccer league.

Salto v. Empire Transportation Services, Inc.

California Court of Appeal affirms judgment in favor of transportation company following bench trial in negligence action.

Fyfe v. CCAPP

California Court of Appeal holds that a nonprofit organization did not violate the common law right to fair procedure when it suspended an individual’s alcohol and drug counselor certification.

Boermeester v. Carry

California Supreme Court holds that universities disciplining students for sexual assault or intimate partner violence do not need to provide the accused student with an opportunity for real-time cross-examination of witnesses.

Waszczuk v. UC Regents

Horvitz & Levy successfully defendant a summary judgment entered in favor of the UC Regents against a vexatious litigant.

Allied Premier Ins. v. United Financial Cas. Co.

California Supreme Court holds commercial auto coverage does not persist indefinitely if insurer fails to cancel DMV certificates.

County of Santa Clara v. Superior Court

California Supreme Court holds emergency medical service providers may maintain reimbursement actions against publicly operated health care service plans.

Cooley v. Hernandez

California Court of Appeal reverses rulings that prevented a personal representative from settling a decedent’s lawsuit.

AlSayyad v. The Regents of The University of California

California Court of Appeal affirms summary judgment in favor of employer based on lack of evidence of discriminatory motive for employee’s three-year suspension.

Le v. The Regents of The University of California

California Court of Appeal affirms summary judgment in favor of employer based on absence of causal link between protected activity and alleged retaliatory act.

Leonard v. Peters

Ninth Circuit reverses summary judgment order in pro bono civil rights case on behalf of Oregon state prisoner.

D.S. v. The Lion's Limos

California Court of Appeal affirms summary judgment in a wrongful death action against a common carrier.

Bermudez v. Crunch Holdings, LLC

California Court of Appeal affirms summary judgment rejecting a gymgoer’s personal injury lawsuit.

Smith v. Clovis Community Medical Center & Smith v. Gade

California Court of Appeal affirms summary judgment on MICRA statute of limitation grounds.

Urick v. Urick III

California Court of Appeal holds that the trial court abused its discretion in denying a continuance after a party’s attorney was hospitalized days before trial.

Hoffmann v. Young

California Supreme Court rejects lower court’s expansive reading of the “express invitation exception” to California’s recreational use immunity statute.

Pulliam v. USC

California Court of Appeal affirms defense verdict in wrongful termination action.

Guardianship of Saul H.

California Supreme Court reverses Court of Appeal, holding Horvitz & Levy's client is entitled to state court findings allowing him to apply to the federal government for Special Immigrant Juvenile status.

Franklin v. Santa Barbara Cottage Hospital

Horvitz & Levy successfully defends summary judgment for hospital in medical malpractice action on actual and ostensible agency grounds.

Montes v. YMCA of Glendale, California

California Court of Appeal affirms summary judgment, holding Horvitz & Levy’s client had no duty to remedy an open and obvious danger.

Catalina Media Development, LLC v. Thyssenkrupp Elevator Corp.

California Court of Appeal affirms summary judgment for Horvitz & Levy’s client, holding indemnity agreement did not require client to pay other parties’ defense costs in underlying personal injury action.

Sanchez v. Superior Court

California Court of Appeal issues alternative writ, causing trial court to vacate order that compelled Horvitz & Levy client to submit to mental examination

Colonial Van & Storage v. Superior Court

California Court of Appeal grants Horvitz & Levy’s writ petition, holding that employer had no duty to protect its employee and her invitees from mass shooting inside the employee’s home.

Davis v. Harano

California Court of Appeal affirms defense verdict in personal injury action, accepting Horvitz & Levy’s invited error and substantial evidence arguments.

Viasat v. Acacia Communications

California Court of Appeal affirms $49 million breach of contract verdict in complex commercial dispute involving misuse of intellectual property.

Mitchell v. Moses

California Court of Appeal reverses trial court order that dismissed defamation lawsuit brought by Horvitz & Levy’s clients.

Brown v. El Dorado Union High School District

California Court of Appeal affirms dismissal of football injury lawsuit against high school district, finding no evidence of gross negligence and clarifying summary judgment procedure.

Riskin v. Downtown LA Property Owners Association

California Court of Appeal reverses attorney fees award in California Public Records Act case.

Berroteran v. Superior Court

California Supreme Court limits a party’s right to introduce in a later case deposition testimony obtained in an earlier case.

Mallonee v. Toyota Motor Sales, U.S.A., Inc.

California Court of Appeal affirms order cutting attorney fees request by 85 percent in lemon law action.

Blasco v. FCA

California Court of Appeal affirms nonsuit on punitive damages in lemon law case.

Oroville Hospital v. The Superior Court of Butte County

California Court of Appeal grants writ petition and orders judgment for the defense in elder abuse lawsuit.

Covert v. FCA USA, LLC

California Court of Appeal reverses $200,000 attorney fees and costs award in lemon law action.

Estate of Lamerle Johnson, Sr. v. Mayacamas Holdings LLC

California Court of Appeal affirms summary judgment for resort operator and property owners in a wrongful/death survival action arising out of a tragic canoe accident.

Ditlevsen v. Pedersen

California Court of Appeal holds that Horvitz & Levy’s client is responsible for only a small fraction of plaintiff’s damages

Carradine v. iDrip Vape LLC

California Court of Appeal affirms summary judgment, holding the “going-and-coming” rule precludes vicarious liability against a business for a car accident that occurred during the business owner’s commute.

Webb v. General Cable

Court of Appeal overturns multi-million dollar jury verdict for lack of substantial evidence in asbestos case

Alvarez v. Silva

California Court of Appeal reverses mutual domestic violence restraining order entered against our client

Sandoval v. Qualcomm

California Supreme Court reaffirms Privette doctrine, overturning $3.7 million jury verdict and directing changes to model jury instructions

Jogani v. Jogani

California Court of Appeal affirms judgment in favor of Horvitz & Levy client in partnership dispute, holding all of plaintiffs’ claims were time-barred

Birden v. Regents of the University of California

California Court of Appeal reverses award of economic damages against Horvitz & Levy’s client in workplace discrimination and harassment action

Huang v. Superior Court

California Court of Appeal issues an alternative writ of mandate in favor of Horvitz & Levy’s clients, causing trial court to deem admitted key facts underlying a multi-million-dollar probate matter.

Ashby v. Ashby

California Court of Appeal affirms renewal of domestic violence restraining order in favor of Horvitz & Levy’s pro bono client

Grossmont Union High School District v. Diego Plus Education Corporation

California Court of Appeal reverses orders that would have shut down charter schools serving at-risk students

Swanson v. The Marley-Wylain Company

California Court of Appeal reverses $5.5 million judgment in mesothelioma case due to instructional error

Fishback v. FCA

Court of Appeal holds that trial court was not required to “show its work” when reducing or disallowing plaintiff’s attorney fees

Issakhani v. Shadow Glen Homeowners Association, Inc.

Court of Appeal holds property owner not liable for failing to provide onsite parking to invitee

Reynoso/Lozano v. AWI Management

Court of Appeal affirms order dismissing wrongful death/personal injury action

Khoshnevis v. Toyota Motor Sales, U.S.A., Inc.

California Court of Appeal affirms order shifting costs to plaintiff who failed to recover more than defendant’s settlement offer.

Putt v. Ford Motor Co.

Court of Appeal reverses multimillion dollar jury verdict finding Ford 100% at fault in an asbestos case

Mann v. The Regents of the University of California

Court of Appeal affirms judgment on FEHA claims for the UC Regents, finding no error or prejudice in verdict form or jury instructions

Pinto v. Farmers Insurance Exchange

Court of Appeal holds that an insurer’s failure to accept a reasonable settlement demand is not per se unreasonable, disapproving a controversial model jury instruction

Holistic Supplements, LLC v. Stark

Court of Appeal reverses judgment and remands for a new trial in dispute over ownership of a Los Angeles marijuana dispensary

Ruiz Nunez v. FCA USA LLC

Court of Appeal limits express warranty claims against auto manufacturers for failed repairs and holds they owe no implied warranty on sales of used cars

Rios v. The Regents of the University of California

California Court of Appeal affirms dismissal of employment action for plaintiff’s failure to exhaust administrative remedies

Flores v. Liu

California Court of Appeal affirms a jury verdict, despite a finding of instructional error, in a professional negligence action against a surgeon

A&S Metal Recycling, Inc. v. Wilson's Metal Exchange, Inc

California Court of Appeal affirms denial of anti-SLAPP motion in defamation case arising out of commercial dispute between business competitors

Green Gate Services, LLC v. Daniel Koetting

Horvitz & Levy obtains reversal of judgment confirming multimillion dollar arbitration award

Borja v. Saxton

California Court of Appeal affirms favorable judgment for defense in personal injury action, rejecting plaintiff’s new trial bid

Handlers-Bryman v. El Pollo Loco

Horvitz & Levy secures stipulated reversal of multimillion dollar judgment and injunction restricting El Pollo Loco’s franchise operations

Hann v. Hallberg

The Supreme Court grants motion to dismiss review, reinstating a favorable Court of Appeal’s opinion that prevented a forced partnership buyout and established that living trusts may serve as partners under California law

Little Cottage Caregivers v. Meiri

California Court of Appeal reinstates ownership interest in a medical marijuana collective

Shia v. Shia

California Court of Appeal reverses spousal support award because trial court failed to consider domestic violence evidence

Newman v. Larios

California Court of Appeal affirms judgment based on insurer’s acceptance of plaintiff’s tactical settlement offer

Curry v. Academy Pointe, Inc.

California Court of Appeal reduces $4.5 million punitive damages award to $750,000 in reasonable accommodation case against apartment owner and manager

Alaniz v. Sun Pacific Shippers, L.P.

California Court of Appeal reverses judgment against landowner due to error in jury instructions

Montoya v. Ford

Court of Appeal reverses judgment for plaintiff in lemon law case, rejecting statute of limitations tolling based on plaintiff’s membership in successively filed class actions

Scholes v. Lambirth Trucking Co.

Representing amicus curiae, Horvitz & Levy successfully argues in California Supreme Court that statute authorizing heightened damages for injury to trees does not apply to trees damaged by negligently spread fires

Alexander v. Community Hospital of Long Beach

Court of Appeal reverses a discrimination and hostile work environment judgment against Horvitz & Levy’s client

Blas v. U.S. Sports Camps

Court of Appeal affirms summary judgment for American Golf Corporation in personal injury case

Lahijani v. Hakakian

Horvitz & Levy successfully defends judgment for defendant homeowner in personal injury action

Herod v. Parfums De Coeur Ltd. Corp.

Court of Appeal affirms summary judgment for defendant in personal injury/products liability case

Duket v. Fremont Rideout Health Group

Court of Appeal affirms judgment for defendant in wrongful death/Elder Abuse Act case

Samora v. Muhammad

Court of Appeal affirms favorable judgment for defendants in personal injury case

Acoba v. Olivera Egg Ranch, LLC

Horvitz & Levy persuades Court of Appeal to affirm judgment following jury verdict for egg ranch in nuisance case

Doe v. Department of Children and Family Services

Horvitz & Levy persuades Court of Appeal to affirm nonsuit for foster family agency in negligence case

Bennett v. Rancho California Water District

Horvitz & Levy persuades Court of Appeal to reverse a jury verdict awarding plaintiff over $800,000 against a public entity for alleged whistleblower retaliation

Taulbee v. EJ Distribution Corp.

Horvitz & Levy obtains affirmance of jury verdict finding trucking company not liable for catastrophic freeway accident

Napolitano Holdings v. Touchstone Climbing

Horvitz & Levy secures reversal of summary judgment in a commercial landlord’s breach of lease action

Eisen v. Tavangarian

California Court of Appeal disagrees with prior decision from the same division, reversing judgment requiring partial demolition of remodeled home

Barton v. The Argen Corporation

California Court of Appeal affirms judgment of dismissal in products liability action against supplier of dental alloys

Hernandez v. First Student, Inc.

California Court of Appeal affirmed judgment allocating eighty percent of fault to the plaintiff who darted into the street on his bicycle

Zapata v. The Superior Court

California Court of Appeal issues order in response to writ petition, causing trial court to vacate order denying defendant's motion to quash service of the complaint.

Han v. Hallberg

California Court of Appeal holds that living trusts may serve as partners under California law.

Zubin v. Toyota Motor Sales

Court of Appeal affirms favorable judgment for Toyota in Lemon Law case.

Stennett v. Miller

California Court of Appeal upholds wrongful death statute against equal protection challenge.

Steele v. Bell-Carter Foods

California Court of Appeal affirms summary judgment in products liability and warranty action against olive producer.

Stokes v. Muschinske

Court of Appeal affirms favorable judgment and holds that defense billing experts can use Medicare reimbursement rates to form their opinions on the reasonable value of medical services.

Johnson v. The Raytheon Co.

California Court of Appeal issues published opinion affirming summary judgment in premises liability action.

Villa Riviera Condominium Association v. Spectra Company et al.

California Court of Appeal affirms judgment for subcontractor in construction defect action.

Licudine v. Cedars-Sinai Medical Center

California Court of Appeal affirms trial court ruling that a plaintiff's Code of Civil Procedure section 998 offer was served too early to be in good faith.

Lovewell v. Stanford Federal Credit Union & Joan Opp

Court of Appeal affirms summary judgment for credit union & CEO against wrongful termination claims.

Hagan v. Torrance Memorial Medical Center

Horvitz & levy successfully defends judgment for hospital in medical malpractice action.

Hart v. Special Electric

Horvitz & Levy prevails on statute of repose issue in asbestos lawsuit.

Kaur v. Broadbase

Horvitz & Levy obtains dismissal of appeal in wrongful death suit.

Huerta v. Kava Holdings, Inc.

California Court of Appeal affirms judgment for hotel in FEHA case.

Jabo v. YMCA of San Diego County

Court of Appeal upholds finding that YMCA owed no duty to use automated external defibrillator.

Hake v. Allied Fluid Products Corp.

Court of Appeal affirms nonsuit on ground that plaintiff's "every exposure" theory was insufficient to prove causation under Kansas law.

Rudolph v. Rudolph and Sletten, Inc

Court of Appeal rejects plaintiffs' attempt to circumvent workers' compensation exclusive-remedy rule in take-home asbestos case

Davila v. Derby

California Court of Appeal reverses $4.2 million personal injury verdict because of inflammatory comments during trial.

Victaulic v. American Home Assurance Company

Court of Appeal reverses $52 million Brandt fee and punitive damages award in insurance bad faith case.

Simers v. Los Angeles Times Communications, LLC

Court of Appeal rejects constructive discharge claim.

Rainwater v. Sergio's El Ranchito, Inc.

Court of Appeal upholds summary judgment.

Sheron Doll v. Mahin Ghaffari

California Court of Appeal affirms order denying attorney fees in landlord-tenant dispute.

Lockheed Litigation Cases

California Court of Appeal rules again for the defense in long-running toxic tort litigation

Dhillon v. John Muir Health

California Supreme Court resolves important administrative law issue, reversing dismissal of hospital’s appeal in staff privileges case

Ortiz v. WMC-A, Inc.

California Court of Appeal affirms judgment in favor of hospital in spinal-injury case

Cuevas v. Contra Costa County

California Court of Appeal requires retrial of future medical expense claim to permit evidence of Medicaid and Affordable Care Act benefits

Martinez v. Asplundh Tree Expert Co.

California Court of Appeal affirms judgment in favor of power line clearing contractor in negligence action

Hawkins v. St. John Missionary Baptist Church of Bakersfield

California Court of Appeal reverses judgment that ousted pastor from church

Saller v. Crown Cork & Seal

California Court of Appeal reverses $3.6 million in punitive damages in products liability case

Acqua Vista v. MWI, Inc.

California Court of Appeal reverses $24 million judgment against pipe supplier in construction defect case

Sarkisyan v. Newport Insurance Company

Court of Appeal affirms denial of class certification in favor of insurance company based on plaintiff’s failure to prove existence of ascertainable class and sufficient community of interest

Horiike v. Coldwell Banker Residential Brokerage Company

California Supreme Court holds that buyer in real estate transaction is owed a fiduciary duty by salesperson who represents the seller

Wang v. Nibbelink

Court of Appeal affirms summary judgment in favor of property owners on the basis of recreational immunity

Markow v. Rosner

California Court of Appeal reverses judgment against hospital

Licudine v. Cedars-Sinai Medical Center (2016)

California Court of Appeal publishes helpful opinion on “lost earning capacity” damages

Santos M. v. Superior Court of Los Angeles County

California Court of Appeal rules for H&L pro bono clients in family law dispute over eligibility for immigration relief

Ludwig v. Hacienda Paraiso

California Court of Appeal reverses $10 million judgment against H&L client

Trinity River Lumber Company et al. v. Weaverville Community Services District

California Court of Appeal finds public water district immune from liability for failure of water system to furnish sufficient water to extinguish a fire

Olympic and Georgia Partners v. Arch Specialty Insurance Co.

California Court of Appeal rules for H&L clients in insurance coverage dispute over major repairs to Ritz-Carlton residences

Fireman's Fund Insurance Co. v. Heller

California Court of Appeal affirms summary judgment for insurer in rescission action

Sheehe v. Kihagi

California Court of Appeal rules for H&L pro bono client in rent control dispute

Bertsch v. Mammoth Community Water District

California Court of Appeal issues published opinion affirming summary judgment for community association and water district in skateboard injury case

McClatchy v. Coblentz, Patch, Duffy & Bass, LLP

Court of Appeal affirms ruling in favor of San Francisco law firm in probate dispute

Gopal v. Kaiser Foundation Health Plan

California Court of Appeal rejects enterprise liability theory and affirms summary judgment in favor of health insurer in wrongful death case

Angel v. Winograd

California Court of Appeal reverses denial of anti-SLAPP motion in defamation case

Haynes v. Kim

California Court of Appeal affirms defense verdict for corporation in auto accident case, rejecting agency theory

Lozano v. AWI Management Corporation

California Court of Appeal affirms summary judgment that found apartment manager not liable for shooting rampage

Central Metal v. Center Bank

California Court of Appeal affirms grant of anti-SLAPP motion in action arising from commercial lender’s receivership action

Carter v. Heitzler

California Court of Appeal affirms summary judgment in negligence suit arising from horseback riding injury.

Murat v. Exxon Mobil Corp.

California Court of Appeal affirms summary judgment in asbestos exposure case.

Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C.

California Supreme Court permits insurers to seek reimbursement directly from Cumis counsel for objectively unreasonable billings.

Lockheed Litigation Cases (Group 9)

California Court of Appeal affirms summary judgment in long-running toxic tort case.

Ironridge Global IV, Ltd. v. ScripsAmerica, Inc.

California Court of Appeal dismisses opposing party’s appeal under the disentitlement doctrine.

Roman v. BRE Properties

California Court of Appeal affirms summary judgment for apartment owner accused of discrimination.

Ralphs Grocery Company v. Midtown Shopping Center Associates

California Court of Appeal reverses judgment against Ralphs Grocery Company in landlord-tenant dispute.

Donaho v. County of Yuba

California Court of Appeal rules that public entity is not liable for placement of bus stop near freeway.

Albert v. Mid-Century Insurance Co.

California Court of Appeal holds that trespass to trees is not covered by a general liability policy.

Cohen v. Sterling

Court of Appeal upholds order granting new trial following $17 million verdict arising out of apartment building fire.

In re Marriage of McCourt

California Court of Appeal rules in favor of former Dodgers owner Frank McCourt in marital dispute.

Burdick v. Superior Court (Sanderson)

California Court of Appeal holds that out-of-state resident’s Facebook post about California resident does not necessarily create personal jurisdiction in California.

Judicial Council Coordinated Proceedings 4435 TCP Cases (City of Redlands v. Shell Oil Co.)

California Court of Appeal affirms defense verdict for Shell Oil Company in case alleging groundwater contamination.

Collin v. CalPortland Company

California Court of Appeal affirms summary judgment in asbestos injury action against joint compound manufacturer.

Cottini v. Enloe Medical Center

California Court of Appeal affirms judgment in favor of medical center.

Safeway Inc. v. Superior Court (Hardin)

California Court of Appeal grants petition for writ of mandate in failure-to-warn suit against pharmacy.

RunflatAmerica, LLC v. Michelin North America, Inc. et al.

California Court of Appeal rules for defendants in a shareholder derivative action brought by the former CEO of a company, who alleged his company should have sued the defendants for perceived business torts.

Eisenhower Medical Center v. Superior Court

California Court of Appeal dismisses $500 million medical privacy claim against hospital.

Sqrow v. A.G.M.G.H. Five, the Ranch Limited Partnership

California Court of Appeal permits low-income seniors to proceed with challenge to 144-percent rent increase.

Mobasser v. Yermian

California Court of Appeal vacates jury’s award of emotional distress damages and punitive damages in family business dispute.

Monroe v. Yurosek Farms LLC

California Court of Appeal holds that recreational use immunity applies to licensees as well as landowners.

R.R. v. H.F.

California Court of Appeal orders trial court to enforce mother's rights to legal custody and reconsider her request for greater visitation with her now six-year-old child.

Haggis v. Yari

California Court of Appeal reverses $12 million judgment in dispute over film profits, finding no substantial evidence to support trial court’s alter ego finding.

Guo v. American Plus Bank N.A.

California Court of Appeal reverses fraud judgment against community bank.

Kmart Corporation v. Hartford Fire Insurance

California Court of Appeal affirms judgment for insurer on duty-to-defend issue and reinstates insurer’s claim for reimbursement.

Jay v. Mahaffey

California Court of Appeal affirms denial of anti-SLAPP motion in malicious prosecution case.

Malin v. Singer

California Court of Appeal reverses trial court and orders dismissal of extortion claim against attorney.

Mercado v. Doctors Medical Center of Modesto, Inc.

California Court of Appeal reverses order denying employer’s motion to compel arbitration.

Cann v. Stefanec

Court of Appeal holds that primary assumption of risk doctrine bars suit by college swimmer injured in weight room accident.

El-Attar v. Hollywood Presbyterian Medical Center

California Supreme Court unanimously reverses Court of Appeal regarding hospital procedures for reviewing adverse action on doctor’s application for staff privileges.

S. R. v. Superior Court

Superior court grants domestic violence victim’s request for a waiver of court fees after Court of Appeal issues alternative writ of mandate.

Lawrence v. J.R. Enterprises, L.P.

California Court of Appeal upholds validity of 99 year lease for commercial property.

Tamas v. T.L. Pavlich Construction, Inc.

California Court of Appeal holds that jurors did not commit misconduct by using toy cars during deliberations to visualize auto accident.

Corenbaum v. Lampkin

California Court of Appeal holds that evidence of “billed” but unpaid medical expenses is not admissible to prove future medical damages or noneconomic damages.

Moran v. South Coast Medical Center

California Court of Appeal affirms hospital’s denial of medical staff privileges.

Singh Educational Services v. Blueprint Test Preparation LLC

Court of Appeal rejects competitor’s attempt to shut down test preparation company in alleged theft of trade secrets action.

Jankey v. Lee

California Supreme Court holds that prevailing defendant in disability access action is entitled to mandatory award of attorney fees.

Don Johnson Productions, Inc. v. Rysher Entertainment

California Court of Appeal reduces judgment in favor of actor Don Johnson from $53.2 million to $15 million in dispute arising out of a production contract’s copyright provision.

Bison Builders Inc. v. ThyssenKrupp Elevator Corporation

California Court of Appeal holds that elevator company is not required to indemnify general contractor for construction accident.

Howard Entertainment, Inc. v. Kudrow

California Court of Appeal reverses summary judgment in favor of actress in contract dispute over withheld agent commissions.

American States Ins. Co. v. Ramirez

California Court of Appeal reverses $6 million judgment in insurance coverage dispute and orders entry of judgment for the defendant.

Finley v. Club One, Inc.

Court of Appeal holds health club member’s personal injury lawsuit is barred by liability waiver in membership agreement.

Garcia v. ConMed Corporation

California Court of Appeal affirms judgment in favor of medical device manufacturer in products liability action.

Wang v. Heck

California Court of Appeal holds doctor not liable for recommending that the DMV reinstate the license of an epileptic patient.

O'Neil v. Crane Co.

California Supreme Court holds that product manufacturers cannot be liable for injuries caused by replacement parts.

Gonzalez v. Southern California Gas Company

California Court of Appeal reverses judgment in wrongful death/premises liability case based on absence of legal duty.

Los Angeles County Metropolitan Transportation Authority v. Alameda Produce Market LLC

California Supreme Court unanimously reverses Court of Appeal opinion in eminent domain dispute.

Burlington Coat Factory v. Bella Terra Associates

California Court of Appeal upholds landlord’s interpretation of novel lease provision.

Barrese v. Murray

California Court of Appeal reverses jury verdict and remands for reconsideration of motion for new trial.

Behnke v. State Farm General Insurance Co.

California Court of Appeal affirms pre-trial dismissal of policyholder's claims for breach of contract, misrepresentation, and bad faith in dispute over Cumis fees.

Attitudes Hair & Nail Salon v. Superior Court

California Court of Appeal issues peremptory writ reversing denial of summary judgment in case involving Unruh Act and Disabled Persons Act.

Ibarra v. Carpinello

California Court of Appeal affirms dismissal of defamation lawsuit in high-profile MMA dispute.

In re Pineda

Horvitz & Levy petition to California Supreme Court results in reconsideration of ruling against abused minor.

Bruns v. E-Commerce Exchange, Inc. et al.

California Supreme Court reverses Court of Appeal opinion that permitted plaintiff to proceed with putative class action more than five years after filing complaint.

State Farm v. Lee

California Court of Appeal affirms order granting motion to strike cross-complaint for abuse of process.

Li v. Simpson Thacher & Bartlett LLP

California Court of Appeal affirms order denying motion to strike malicious prosecution action against Simpson Thacher & Bartlett.

Huitt v. Southern California Gas Company

California Court of Appeal reverses $12.6 million judgment, including $10 million in punitive damages, and directs entry of judgment for defendant in failure-to-warn case.

Molina v. Shell Oil Co.

California Court of Appeal affirms defense verdict in product defect action against chemical manufacturers, rejecting plaintiffs' attempt to use jury instructions developed for asbestos litigation.

Raymond v. Flynt

California Court of Appeal reverses arbitration award against employer in sexual harassment case.

Tverberg v. Filner Construction, Inc.

California Supreme Court limits scope of hirer liability to self-employed contractors.

Collins v. Plant Insulation Company

California Court of Appeal reverses $1.9 million judgment in asbestos action and orders new trial on allocation of fault.

Boeken v. Philip Morris USA, Inc.

California Supreme Court rules that a plaintiff who previously sued for loss of consortium based on a spouse’s personal injuries cannot, consistent with the res judicata doctrine, again pursue post-death consortium damages in a second lawsuit for wrongful death.

Walton et al. v. The William Powell Co.

California Court of Appeal reverses $5 million judgment in asbestos case, holding that valve maker is not liable as a matter of law for asbestos that was used in conjunction with its product.

Kirk v. First American Title Insurance Company

California Court of Appeal issues opinion approving the use of ethical screens to avoid vicarious law firm disqualification.

Logix v. Faherty

California Court of Appeal reverses $40 million judgment in dispute over satellite television royalties.

Fire Insurance Exchange v. Superior Court

California Court of Appeal issues writ of mandate, directing trial court to grant summary judgment in favor of insurer in coverage dispute.

Mnatsakanyan v. CalFarm Insurance Company

Court of Appeal reverses $4.6 million judgment on arbitration award.

Baker v. National Interstate Insurance Company

California Court of Appeal reverses $12 million judgment in insurance coverage dispute and orders entry of judgment for the defendant.

PrediWave Corporation v. Simpson Thacher & Bartlett et al.

California Court of Appeal reverses trial court order that dismissed $2 billion attorney malpractice suit under anti-SLAPP statute.

Griffin Dewatering Corp. v. Northern Ins. Co. of New York

California Court of Appeal reverses an $11 million judgment, including $10 million in punitive damages, and orders entry of judgment for the defendant in insurance bad faith case.

Pauma Band of Luiseño Mission Indians v. Harrah's Operating Company, Inc.

California Court of Appeal reverses $30 million judgment in business dispute arising from negotiations to develop and manage a hotel and casino on an Indian reservation.

Silverbrand v. County of Los Angeles

California Supreme Court extends “prison delivery rule” to notices of appeal in civil cases.

In Re Episcopal Church Cases

California Supreme Court rules in favor of national church in property dispute with breakaway local parish.

Rudolph v. Rudolph and Sletten, Inc

California Court of Appeal opening brief, arguing that the doctrine of workers' compensation exclusivity applies to claims alleging that an employer is responsible for take-home asbestos exposures.

Madrigal v. Allstate Indemnity Company

Amicus curiae brief on behalf of insurance trade associations addressing whether an insurer can be held liable for bad faith under a "duty to settle" theory when the insurer offers policy limits within a reasonable period of time, even if shortly after an artificial deadline imposed by a third-party claimant.

Sheridan v. Touchstone Television Productions, LLC

Petition asking the California Supreme Court petition to grant review in Desperate Housewives employment dispute, to clarify the scope of the exhaustion of administrative remedies doctrine.

Burlage v. Superior Court

Answer to petition for review in the California Supreme Court, arguing against review of a published Court of Appeal decision that affirmed an order vacating an arbitration award.

Horvitz & Levy Secures Reversal of a $104 Million Wrongful Death Judgment

Practice Tips: A Recent Development in California Stalking Law

At the Lectern: Practicing Before the California Supreme Court

Court of Appeal reverses summary judgment order because medical expert failed to explain the basis for his conclusion.

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Beth Jay Receives ALM's 2024 WIPL Awards Law Firm Lifetime Achievement

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Drost v. Sheridan

Ward v. Billinglsey

Charlie L. v. Kangavari

Navarro v. Cervera

Collins v. Diamond Generating Corporation

Aldaco v. FMC

Hill Family LP v. Trader Joe's

Lloyd v. Byrd Technologies

Rodriguez v. FCA

Watts v. Pneumo Abex

Martinez Iriqui v. Latt

Valdovinos v. Kia

Samuelian v. Life Generations Healthcare, LLC

Washington 111 v. Kelsey

Greisman v. FCA US, LLC

Turrieta v. Lyft, Inc.

Moir v. Ventura Locksmiths

A.L. v. Harbor Developmental Disabilities Foundation

Carolina Beverage Corp. v. FIJI Water

Novoa v. Honda

Howard v. Clark Construction

Al Shikha v. Lyft

Hinshaw v. Anaheim City Centre

Diaz v. Macy's West Stores, Inc.

Musharbash v. San Antonio Regional Hospital

Patterson v. College Medical Center

LaMarr v. UC Regents

Chino Basin Municipal Water District v. City of Chino

Boermeester v. Carry (II)

Ayers v. FCA

Morgenthaler v. Zircon Corporation

Li v. Cole Haan LLC

Gantner v. PG&E

Jackson v. UC Regents

Perez v. Galt Joint Union Elementary School District

Pacific Gas & Electric Co. v. Superior Court (South San Joaquin Irrigation District)

Intellisoft, Ltd. v. Acer America Corporation

Shenoi v. Maya

Salto v. Empire Transportation Services, Inc.

Fyfe v. CCAPP

Boermeester v. Carry

Waszczuk v. UC Regents

Allied Premier Ins. v. United Financial Cas. Co.

County of Santa Clara v. Superior Court

Cooley v. Hernandez

AlSayyad v. The Regents of The University of California

Le v. The Regents of The University of California

Leonard v. Peters

D.S. v. The Lion's Limos

Bermudez v. Crunch Holdings, LLC

Smith v. Clovis Community Medical Center & Smith v. Gade

Urick v. Urick III

Hoffmann v. Young

Pulliam v. USC

Guardianship of Saul H.

Franklin v. Santa Barbara Cottage Hospital

Montes v. YMCA of Glendale, California

Catalina Media Development, LLC v. Thyssenkrupp Elevator Corp.

Sanchez v. Superior Court

Colonial Van & Storage v. Superior Court

Davis v. Harano

Viasat v. Acacia Communications

Mitchell v. Moses

Brown v. El Dorado Union High School District

Riskin v. Downtown LA Property Owners Association

Berroteran v. Superior Court

Mallonee v. Toyota Motor Sales, U.S.A., Inc.

Blasco v. FCA

Oroville Hospital v. The Superior Court of Butte County

Covert v. FCA USA, LLC

Estate of Lamerle Johnson, Sr. v. Mayacamas Holdings LLC

Ditlevsen v. Pedersen

Carradine v. iDrip Vape LLC