Recent Wins by Practice | Home - Horvitz & Levy LLP

We pride ourselves in producing good results for our clients. Below are selected examples of our clients’ recent victories on appeal. Click the links to read more details.

Scholes v. Lambirth Trucking Co. (2020)

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

City of San Juan Capistrano v. Cal. Public Utilities Comm'n (2019)

Representing amicus curiae San Diego Gas & Electric (Sempra), Horvitz & Levy persuades Ninth Circuit to affirm the dismissal of an action seeking to derail Sempra’s construction project.

A&S Metal Recycling, Inc. v. Wilson's Metal Exchange, Inc (2020)

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

Angel v. Winograd (2016)

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

Central Metal v. Center Bank (2015)

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

Sqrow v. A.G.M.G.H. Five, the Ranch Limited Partnership (2014)

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

Jay v. Mahaffey (2013)

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

Malin v. Singer (2013)

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

Ibarra v. Carpinello (2011)

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

State Farm v. Lee (2011)

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

Li v. Simpson Thacher & Bartlett LLP (2010)

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

Stewart v. Rolling Stone LLC (2010)

California Court of Appeal confirms broad First Amendment protection for publishers.

PrediWave Corporation v. Simpson Thacher & Bartlett et al. (2009)

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

In Re Episcopal Church Cases (2009)

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

Kibler v. Northern Inyo County Local Hosp. Dist. (2006)

California Supreme Court holds that hospital peer review process is subject to an anti-SLAPP motion.

Varian v. Delfino (2005)

California Supreme Court holds that appeal from the denial of an anti-SLAPP motion automatically stays further trial court proceedings.

A&S Metal Recycling, Inc. v. Wilson's Metal Exchange, Inc (2020)

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 (2020)

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

Handlers-Bryman v. El Pollo Loco (2020)

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

Sunnie H. Han, et al. v. Richard Hallberg, Jr. (2020)

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 (2020)

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

Carr v. AutoNation (2020)

Ninth Circuit affirms dismissal of trade secrets action against Horvitz & Levy's client

Blas v. U.S. Sports Camps (2019)

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

Napolitano Holdings v. Touchstone Climbing (2019)

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

Quidel Corp. v. Superior Court (2019)

California Court of Appeal reverses trial court that had applied a rule of per se invalidity to exclusivity provisions in contracts between businesses

Han v. Hallberg (2019)

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

Villa Riviera Condominium Association v. Spectra Company et al. (2019)

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

Strategic Concepts, LLC v. Beverly Hills Unified School District (2018)

California Court of Appeal applies conflict of interest law to reverse $23 million breach of contract judgment against school district.

PSM Holding Corp. v. Nat'l Farm Fin. Corp. (2018)

Ninth Circuit rules on consequences of enforcing a money judgment pending appeal.

Simers v. Los Angeles Times Communications, LLC (2018)

Court of Appeal rejects constructive discharge claim.

Rainwater v. Sergio's El Ranchito, Inc. (2017)

Court of Appeal upholds summary judgment.

Sheron Doll v. Mahin Ghaffari (2017)

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

Acqua Vista v. MWI, Inc. (2017)

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

Haynes v. Kim (2016)

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

Central Metal v. Center Bank (2015)

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

Transbay Auto Service, Inc. v. Chevron USA, Inc. (2015)

Ninth Circuit reverses judgment under Petroleum Marketing Practices Act.

Ironridge Global IV, Ltd. v. ScripsAmerica, Inc. (2015)

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

Aghaian v. Minassian (2015)

California Court of Appeal reverses order granting forum non conveniens motion, holding that Iran is not a suitable alternative forum.

RunflatAmerica, LLC v. Michelin North America, Inc. et al. (2014)

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.

Mobasser v. Yermian (2014)

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

Guo v. American Plus Bank N.A. (2013)

California Court of Appeal reverses fraud judgment against community bank.

Jankey v. Lee (2012)

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 (2012)

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 (2012)

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

Burlington Coat Factory v. Bella Terra Associates (2011)

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

Logix v. Faherty (2010)

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

Pauma Band of Luiseño Mission Indians v. Harrah's Operating Company, Inc. (2009)

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.

PSM Holding Corp. v. National Farm Financial Corp. (2009)

Ninth Circuit reverses $43 million judgment in contract dispute.

City of Hope Nat. Medical Center v. Genentech, Inc. (2008)

California Supreme Court affirms $300 million compensatory damages award for underpayment of patent royalties.

Sterling v. Taylor (2007)

California Supreme Court affirms judgment for defendant in dispute over real estate transaction.

Tutor-Saliba-Perini v. Metropolitan Transit Authority (2005)

California Court of Appeal reverses $60 million False Claims Act judgment against construction contractor.

A&S Metal Recycling, Inc. v. Wilson's Metal Exchange, Inc (2020)

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 (2020)

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

Borja v. Saxton (2020)

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 (2020)

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

Sunnie H. Han, et al. v. Richard Hallberg, Jr. (2020)

Little Cottage Caregivers v. Meiri (2020)

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

Shia v. Shia (2020)

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

Newman v. Larios (2020)

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

Curry v. Academy Pointe, Inc. (2020)

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. (2020)

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

Montoya v. Ford (2020)

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. (2020)

Alexander v. Community Hospital of Long Beach (2020)

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

Blas v. U.S. Sports Camps (2019)

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

Lahijani v. Hakakian (2019)

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

Herod v. Parfums De Coeur Ltd. Corp. (2019)

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

Duket v. Fremont Rideout Health Group (2019)

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

Samora v. Muhammad (2019)

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

Acoba v. Olivera Egg Ranch, LLC (2019)

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 (2019)

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

Bennett v. Rancho California Water District (2019)

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

Napolitano Holdings v. Touchstone Climbing (2019)

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

Taulbee v. EJ Distribution Corp. (2019)

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

Eisen v. Tavangarian (2019)

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

Quidel Corp. v. Superior Court (2019)

California Court of Appeal reverses trial court that had applied a rule of per se invalidity to exclusivity provisions in contracts between businesses

Barton v. The Argen Corporation (2019)

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

Hernandez v. First Student, Inc. (2019)

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 (2019)

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.

Zubin v. Toyota Motor Sales (2019)

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

Han v. Hallberg (2019)

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

Stennett v. Miller (2019)

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

Steele v. Bell-Carter Foods (2019)

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

Stokes v. Muschinske (2019)

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. (2019)

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

Villa Riviera Condominium Association v. Spectra Company et al. (2019)

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

Licudine v. Cedars-Sinai Medical Center (2019)

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 (2019)

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

Hagan v. Torrance Memorial Medical Center (2019)

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

Hart v. Special Electric (2018)

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

Kaur v. Broadbase (2018)

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

Huerta v. Kava Holdings, Inc. (2018)

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

Jabo v. YMCA of San Diego County (2018)

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

Hake v. Allied Fluid Products Corp. (2018)

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 (2018)

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

Davila v. Derby (2018)

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

Victaulic v. American Home Assurance Company (2018)

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

Simers v. Los Angeles Times Communications, LLC (2018)

Court of Appeal rejects constructive discharge claim.

Rainwater v. Sergio's El Ranchito, Inc. (2017)

Court of Appeal upholds summary judgment.

Sheron Doll v. Mahin Ghaffari (2017)

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

Lockheed Litigation Cases (2017)

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

Dhillon v. John Muir Health (2017)

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

Ortiz v. WMC-A, Inc. (2017)

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

Cuevas v. Contra Costa County (2017)

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. (2017)

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 (2017)

California Court of Appeal reverses judgment that ousted pastor from church.

Saller v. Crown Cork & Seal (2017)

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

Acqua Vista v. MWI, Inc. (2017)

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

Sarkisyan v. Newport Insurance Company (2017)

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 (2016)

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

Wang v. Nibbelink (2016)

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

Markow v. Rosner (2016)

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 (2016)

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

Ludwig v. Hacienda Paraiso (2016)

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

Trinity River Lumber Company et al. v. Weaverville Community Services District (2016)

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. (2016)

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 (2016)

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

Sheehe v. Kihagi (2016)

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

Bertsch v. Mammoth Community Water District (2016)

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 (2016)

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

Gopal v. Kaiser Foundation Health Plan (2016)

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

Angel v. Winograd (2016)

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

Haynes v. Kim (2016)

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

Lozano v. AWI Management Corporation (2016)

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

Central Metal v. Center Bank (2015)

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

Carter v. Heitzler (2015)

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

Murat v. Exxon Mobil Corp. (2015)

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

Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C. (2015)

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

Lockheed Litigation Cases (Group 9) (2015)

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

Ironridge Global IV, Ltd. v. ScripsAmerica, Inc. (2015)

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

Roman v. BRE Properties (2015)

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

Ralphs Grocery Company v. Midtown Shopping Center Associates (2015)

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

Donaho v. County of Yuba (2015)

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

Albert v. Mid-Century Insurance Co. (2015)

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

Cohen v. Sterling (2015)

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

In re Marriage of McCourt (2015)

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

Burdick v. Superior Court (Sanderson) (2015)

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.) (2014)

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

Collin v. CalPortland Company (2014)

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

Cottini v. Enloe Medical Center (2014)

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

Safeway Inc. v. Superior Court (Hardin) (2014)

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. (2014)

Eisenhower Medical Center v. Superior Court (2014)

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

Sqrow v. A.G.M.G.H. Five, the Ranch Limited Partnership (2014)

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

Mobasser v. Yermian (2014)

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

Monroe v. Yurosek Farms LLC (2014)

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

R.R. v. H.F. (2014)

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 (2014)

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. (2013)

California Court of Appeal reverses fraud judgment against community bank.

Kmart Corporation v. Hartford Fire Insurance (2013)

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

Jay v. Mahaffey (2013)

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

Malin v. Singer (2013)

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

Mercado v. Doctors Medical Center of Modesto, Inc. (2013)

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

Cann v. Stefanec (2013)

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 (2013)

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 (2013)

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. (2013)

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

Tamas v. T.L. Pavlich Construction, Inc. (2013)

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

Corenbaum v. Lampkin (2013)

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 (2013)

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

Singh Educational Services v. Blueprint Test Preparation LLC (2013)

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

Jankey v. Lee (2012)

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 (2012)

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 (2012)

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

Howard Entertainment, Inc. v. Kudrow (2012)

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

American States Ins. Co. v. Ramirez (2012)

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. (2012)

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

Garcia v. ConMed Corporation (2012)

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

Wang v. Heck (2012)

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. (2012)

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

Gonzalez v. Southern California Gas Company (2011)

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 (2011)

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

Burlington Coat Factory v. Bella Terra Associates (2011)

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

Barrese v. Murray (2011)

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

Behnke v. State Farm General Insurance Co. (2011)

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 (2011)

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

Ibarra v. Carpinello (2011)

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

In re Pineda (2011)

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

Bruns v. E-Commerce Exchange, Inc. et al. (2011)

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 (2011)

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

Li v. Simpson Thacher & Bartlett LLP (2010)

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

Huitt v. Southern California Gas Company (2010)

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. (2010)

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 (2010)

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

Tverberg v. Filner Construction, Inc. (2010)

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

Collins v. Plant Insulation Company (2010)

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. (2010)

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. (2010)

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 (2010)

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

Logix v. Faherty (2010)

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

Fire Insurance Exchange v. Superior Court (2010)

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 (2010)

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

Baker v. National Interstate Insurance Company (2009)

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. (2009)

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 (2009)

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. (2009)

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 (2009)

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

In Re Episcopal Church Cases (2009)

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

Montoya v. Ford (2020)

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

Sarkisyan v. Newport Insurance Company (2017)

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.

Bruns v. E-Commerce Exchange, Inc. et al. (2011)

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

Koszdin v. State Comp. Ins. Fund. (2010)

California Court of Appeal rejects class action against employers and workers compensation insurers.

Kavu v. Omnipak (2007)

Fax-blasting case settles on favorable terms after Horvitz & Levy petitions the Ninth Circuit for interlocutory appeal of class certification order.

Consumer Advocates v. DaimlerChrysler Corporation (2005)

California Court of Appeal reverses lemon law injunction against auto manufacturer.

Bryan v. Ameriquest Mortgage Co. (2003)

California Court of Appeal decertifies multi-state class action against mortgage lender.

Montoya v. Ford (2020)

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

Kealy v. Ford Motor Credit Company (2019)

Horvitz & Levy obtains reversal of jury verdict finding Ford Credit responsible for erroneous credit reporting and secures an affirmance of the dismissal of plaintiff’s Business and Professions Code section 17200 (UCL) claim before trial

Zubin v. Toyota Motor Sales (2019)

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

Steele v. Bell-Carter Foods (2019)

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

Sarkisyan v. Newport Insurance Company (2017)

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.

RunflatAmerica, LLC v. Michelin North America, Inc. et al. (2014)

Cryoport Systems v. CNA Insurance Companies et al. (2007)

California Court of Appeal holds that a plaintiff without standing of its own under Proposition 64 may not conduct discovery to find a substitute plaintiff in order to keep a UCL action alive.

Tutor-Saliba-Perini v. Metropolitan Transit Authority (2005)

California Court of Appeal reverses $60 million False Claims Act judgment against construction contractor.

Gavaldon v. DaimlerChrysler Corp. (2004)

California Supreme Court holds that replacement or restitution remedy is not required under California’s lemon law for breach of a service contract.

Haggis v. Yari (2014)

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.

Don Johnson Productions, Inc. v. Rysher Entertainment (2012)

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.

Howard Entertainment, Inc. v. Kudrow (2012)

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

Logix v. Faherty (2010)

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

Coppola v. Warner Bros. (2003)

California Court of Appeal reverses $80 million award against Warner Bros.

Kidron v. Franklin (1997)

California Court of Appeal reverses $41 million judgment against Sony.

Hardesty v. Sacramento County (2020)

Horvitz & Levy persuades Ninth Circuit to vacate $105 million verdict against Sacramento County in constitutional challenge to the County’s enforcement of mining regulations

Riley v. Kernan (2020)

Ninth Circuit reinstates prisoner’s civil rights lawsuit on religious liberty grounds

Estate of Morad v. City of Long Beach (2020)

Ninth Circuit affirms judgment for City of Long Beach, police chief, and police officer in excessive force case

Carr v. AutoNation (2020)

Ninth Circuit affirms dismissal of trade secrets action against Horvitz & Levy's client

City of San Juan Capistrano v. Cal. Public Utilities Comm'n (2019)

Representing amicus curiae San Diego Gas & Electric (Sempra), Horvitz & Levy persuades Ninth Circuit to affirm the dismissal of an action seeking to derail Sempra’s construction project.

Michery v. Ford (2019)

Horvitz & Levy obtains affirmance of jury verdict finding Ford’s 1999 Expedition was not defectively designed.

Philadelphia Indemnity Insurance Company v. Sabal Insurance Group (2019)

Eleventh Circuit affirms summary judgment for insurer in coverage claim for amounts paid to resolve criminal grand theft charges

Insurance Co. of the State of Pennsylvania v. County of San Bernardino (2019)

Ninth Circuit affirms favorable judgment for insurer in high-stakes coverage dispute over the stacking of policy limits.

Klune v. Palo Verde Health Care District (2019)

Ninth Circuit rejects hospital executive's claims in lawsuit against former employer.

San Diego Comic Convention v. Dan Farr Productions (2018)

Ninth Circuit saves defendants from financial ruin by staying enforcement of trademark infringement injunction and $4 million judgment pending appeal.

Byrd v. Phoenix Police Dep't (2018)

Ninth Circuit reverses dismissal of prisoner's civil rights claims.

PSM Holding Corp. v. Nat'l Farm Fin. Corp. (2018)

Ninth Circuit rules on consequences of enforcing a money judgment pending appeal.

Bamberger v. National Union Fire Ins. Co., et al. (2017)

Ninth Circuit rules for insurer in bad faith and coverage action.

Royal Alliance Associates, Inc. v. Mooney et al. (2017)

Ninth Circuit reverses order requiring securities broker/dealer to submit to FINRA arbitration.

Nance v. Miser (2017)

Ninth Circuit reverses dismissal of Muslim prisoner's religious liberty claims.

ProBuilders Specialty Insurance Company, RRG v. Valley Corp B. (2017)

Ninth Circuit affirms partial district court judgment in favor of Insurer based on proper jury instructions.

Hahn v. Waddington (2017)

Ninth Circuit reverses dismissal of prisoner’s civil rights claims.

Ochoa-Valenzuela v. Ford Motor Company (2017)

Ninth Circuit affirms defense verdict in a products liability action arising from a single-vehicle rollover accident.

Edwards v. Ford Motor Company (2017)

Ninth Circuit affirms district court decision that consumer expectations test for product defect does not apply to roof strength in a rollover accident.

Monje v. Spin Master Inc. (2017)

Ninth Circuit affirms trial court’s rulings striking punitive damages and excluding speculative expert toxicological causation opinions in product liability case involving children’s toy.

Armstrong v. Kaplon (2017)

Ninth Circuit reaffirms that criminal restitution orders are not dischargeable in bankruptcy.

Byrd v. Maricopa County Board of Supervisors (2017)

Ninth Circuit reverses dismissal of prisoner civil rights claims.

Garity v. APWU National Labor Organization (2016)

Ninth Circuit reverses dismissal of ADA lawsuit against union.

Harbor Missionary Church Corporation v. City of San Buenaventura (2016)

Ninth Circuit reverses denial of preliminary injunction to permit church to keep homeless ministry open.

Milhouse v. Travelers Commercial Ins. Co. (2016)

Ninth Circuit rules in favor of insurer in dispute over payment of benefits for home destroyed in wildfire.

Big 5 Sporting Goods Corp. v. Zurich American Insurance Co. and Hartford Fire Insurance Co. (2015)

Ninth Circuit holds that insurer owes no duty to defend policyholder against consumer class actions.

Transbay Auto Service, Inc. v. Chevron USA, Inc. (2015)

Ninth Circuit reverses judgment under Petroleum Marketing Practices Act.

Escobedo v. Apple American Group (2015)

Ninth Circuit issues published opinion for pro bono client, clarifies rules for indigent litigants.

Sio v. Lynch (2015)

Ninth Circuit overturns order to deport pro bono client.

Falcon v. Farley (2015)

Ninth Circuit reverses summary judgment against pro bono client in First Amendment Case.

Foli v. Metropolitan Water District of Southern California (2015)

Ninth Circuit rejects challenge to water district's fluoridation program.

Intransit, Inc. v. Travelers Property & Casualty Co. (2014)

Ninth Circuit reverses judgment against insurer, finding that district court misapplied Oregon principles of policy interpretation.

Gonzales v. California Department of Corrections (2014)

Ninth Circuit Court of Appeals reverses dismissal of civil rights claims.

Jimenez v. Holder (2013)

United States government dismisses removal proceedings against immigrant family.

Heston v. Taser (2011)

Ninth Circuit affirms district court’s reduction of damages award and orders further reduction, leaving defendant responsible for only $150,000 of original $7.6 million award.

Cuviello v. City of Oakland (2011)

Ninth Circuit affirms injunction, finding that restrictions on protests at Oracle Arena are consistent with the First Amendment.

PSM Holding Corp. v. National Farm Financial Corp. (2009)

Ninth Circuit reverses $43 million judgment in contract dispute.

Omega S.A. v. Costco Wholesale Corp. (2008)

Ninth Circuit holds that “first sale doctrine” does not provide a defense to an infringement action involving foreign-made, nonpiratical copies of a copyrighted work.

Northrop Grumman Corp. v. Factory Mut. Ins. Co. (2008)

Ninth Circuit rules for insurer in dispute over insurance coverage for $1 billion in storm surge flood damage caused by Hurricane Katrina.

Riley v. Kernan (2020)

Ninth Circuit reinstates prisoner’s civil rights lawsuit on religious liberty grounds

Hawkins v. St. John Missionary Baptist Church of Bakersfield (2017)

California Court of Appeal reverses judgment that ousted pastor from church.

Angel v. Winograd (2016)

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

Falcon v. Farley (2015)

Ninth Circuit reverses summary judgment against pro bono client in First Amendment Case.

Burdick v. Superior Court (Sanderson) (2015)

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

Malin v. Singer (2013)

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

Singh Educational Services v. Blueprint Test Preparation LLC (2013)

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

Cuviello v. City of Oakland (2011)

Ninth Circuit affirms injunction, finding that restrictions on protests at Oracle Arena are consistent with the First Amendment.

Stewart v. Rolling Stone LLC (2010)

California Court of Appeal confirms broad First Amendment protection for publishers.

In Re Episcopal Church Cases (2009)

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

Taylor v. Kuwatch (2004)

$1 million defamation judgment against former political candidate reversed.

Licudine v. Cedars-Sinai Medical Center (2019)

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.

Klune v. Palo Verde Health Care District (2019)

Ninth Circuit rejects hospital executive's claims in lawsuit against former employer.

Hagan v. Torrance Memorial Medical Center (2019)

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

Dhillon v. John Muir Health (2018)

California Court of Appeal reverses order requiring formal peer review of hospital medical staff's discipline of physician.

Dhillon v. John Muir Health (2017)

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

Ortiz v. WMC-A, Inc. (2017)

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

Cuevas v. Contra Costa County (2017)

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

Markow v. Rosner (2016)

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.

Gopal v. Kaiser Foundation Health Plan (2016)

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

Ray v. Kapiolani Medical Specialists (2011)

Supreme Court of Hawai`i overturns $4,250,000 judgment against physician group for negligent treatment and informed consent.

Cottini v. Enloe Medical Center (2014)

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

Safeway Inc. v. Superior Court (Hardin) (2014)

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

Eisenhower Medical Center v. Superior Court (2014)

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

El-Attar v. Hollywood Presbyterian Medical Center (2013)

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

Moran v. South Coast Medical Center (2013)

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

Garcia v. ConMed Corporation (2012)

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

Wang v. Heck (2012)

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

Reigelsperger v. Siller (2007)

California Supreme Court upholds enforceability of arbitration agreement under MICRA.

Kibler v. Northern Inyo County Local Hosp. Dist. (2006)

California Supreme Court holds that hospital peer review process is subject to an anti-SLAPP motion.

Bird v. Saenz (2002)

California Supreme Court limits recovery of emotional distress damages to relatives of injured hospital patient.

Philadelphia Indemnity Insurance Company v. Sabal Insurance Group (2019)

Eleventh Circuit affirms summary judgment for insurer in coverage claim for amounts paid to resolve criminal grand theft charges

Insurance Co. of the State of Pennsylvania v. County of San Bernardino (2019)

Ninth Circuit affirms favorable judgment for insurer in high-stakes coverage dispute over the stacking of policy limits.

McDonold v. Superior Court (2018)

Court of Appeal affirms that counsel for an excess insurer did not represent its insureds as joint clients in a tripartite relationship when attempting to negotiate a settlement on their behalf.

TIG Insurance v. Culpepper (2018)

Qui tam action against perpetrator of insurance fraud reinstated.

PSM Holding Corp. v. Nat'l Farm Fin. Corp. (2018)

Ninth Circuit rules on consequences of enforcing a money judgment pending appeal.

Victaulic v. American Home Assurance Company (2018)

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

Bamberger v. National Union Fire Ins. Co., et al. (2017)

Ninth Circuit rules for insurer in bad faith and coverage action.

ProBuilders Specialty Insurance Company, RRG v. Valley Corp B. (2017)

Ninth Circuit affirms partial district court judgment in favor of Insurer based on proper jury instructions.

Sarkisyan v. Newport Insurance Company (2017)

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.

Olympic and Georgia Partners v. Arch Specialty Insurance Co. (2016)

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 (2016)

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

Milhouse v. Travelers Commercial Ins. Co. (2016)

Ninth Circuit rules in favor of insurer in dispute over payment of benefits for home destroyed in wildfire.

Big 5 Sporting Goods Corp. v. Zurich American Insurance Co. and Hartford Fire Insurance Co. (2015)

Ninth Circuit holds that insurer owes no duty to defend policyholder against consumer class actions.

Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C. (2015)

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

Cromer v. Bristol West Insurance Group/Coast National Insurance Co. (2015)

Nevada Supreme Court affirms judgment for insurance company after jury trial in insurance bad faith case.

Albert v. Mid-Century Insurance Co. (2015)

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

Intransit, Inc. v. Travelers Property & Casualty Co. (2014)

Ninth Circuit reverses judgment against insurer, finding that district court misapplied Oregon principles of policy interpretation.

Kmart Corporation v. Hartford Fire Insurance (2013)

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

Morrison v. Fire Insurance Exchange (2013)

Nevada Supreme Court holds that homeowner’s insurance policy does not cover policyholder for intentionally punching someone in the face.

American States Ins. Co. v. Ramirez (2012)

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

State Farm General Insurance Co. v. Frake (2011)

California Court of Appeal holds insured’s deliberate act is not an ‘accident,’ and thus does not trigger liability insurer’s duty to defend, even if resulting injury was unintentional.

Behnke v. State Farm General Insurance Co. (2011)

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.

Fire Insurance Exchange v. Superior Court (2010)

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 (2010)

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

Baker v. National Interstate Insurance Company (2009)

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

Griffin Dewatering Corp. v. Northern Ins. Co. of New York (2009)

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.

Northrop Grumman Corp. v. Factory Mut. Ins. Co. (2008)

Ninth Circuit rules for insurer in dispute over insurance coverage for $1 billion in storm surge flood damage caused by Hurricane Katrina.

Carr v. AutoNation (2020)

Ninth Circuit affirms dismissal of trade secrets action against Horvitz & Levy's client

Quidel Corp. v. Superior Court (2019)

California Court of Appeal reverses trial court that had applied a rule of per se invalidity to exclusivity provisions in contracts between businesses

San Diego Comic Convention v. Dan Farr Productions (2018)

Ninth Circuit saves defendants from financial ruin by staying enforcement of trademark infringement injunction and $4 million judgment pending appeal.

Singh Educational Services v. Blueprint Test Preparation LLC (2013)

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

Don Johnson Productions, Inc. v. Rysher Entertainment (2012)

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.

Christoff v. Nestlé USA, Inc. (2009)

California Supreme Court applies single-publication rule to unauthorized commercial use of likeness in right of publicity case, eliminating our client’s exposure to more than $10 million in damages.

Omega S.A. v. Costco Wholesale Corp. (2008)

Ninth Circuit holds that “first sale doctrine” does not provide a defense to an infringement action involving foreign-made, nonpiratical copies of a copyrighted work.

City of Hope Nat. Medical Center v. Genentech, Inc. (2008)

California Supreme Court affirms $300 million compensatory damages award for underpayment of patent royalties.

Alexander v. Community Hospital of Long Beach (2020)

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

Blas v. U.S. Sports Camps (2019)

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

Lovewell v. Stanford Federal Credit Union & Joan Opp (2019)

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

Huerta v. Kava Holdings, Inc. (2018)

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

Rosales v. Bekendam (2018)

California Court of Appeal affirms summary judgment for homeowner where unlicensed contractor was working on homeowner's property and sustained injuries incurred without homeowner's involvement.

Simers v. Los Angeles Times Communications, LLC (2018)

Court of Appeal rejects constructive discharge claim.

Mercado v. Doctors Medical Center of Modesto, Inc. (2013)

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

Seabright Insurance Company v. US Airways, Inc. (2011)

California Supreme Court limits recovery by contractors’ employees for injuries arising from alleged violations of Cal-OSHA regulations.

Raymond v. Flynt (2010)

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

Prachasaisoradej v. Ralph's Grocery Co. (2007)

California Supreme Court holds that bonus plan based on overall store profitability does not violate labor laws.

McMurray v. City of Burbank (2006)

California Court of Appeal reverses jury verdict for plaintiff in disability discrimination case and orders entry of judgment for defendant.

Alaniz v. Sun Pacific Shippers, L.P. (2020)

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

Castro v. ABC Studios, Inc. (2020)

Court of Appeal affirms nonsuit in personal injury action against television studio

Lahijani v. Hakakian (2019)

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

Johnson v. The Raytheon Co. (2019)

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

Hais v. Universal Protection Service LP (2018)

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

Jabo v. YMCA of San Diego County (2018)

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

Wang v. Nibbelink (2016)

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

24 Hour Fitness USA, Inc. v. Superior Court (2016)

Court of Appeal reverses denial of summary judgment for fitness center.

Ludwig v. Hacienda Paraiso (2016)

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

Bertsch v. Mammoth Community Water District (2016)

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

Lozano v. AWI Management Corporation (2016)

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

Donaho v. County of Yuba (2015)

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

Cohen v. Sterling (2015)

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

Monroe v. Yurosek Farms LLC (2014)

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

Finley v. Club One, Inc. (2012)

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

Gonzalez v. Southern California Gas Company (2011)

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

Seabright Insurance Company v. US Airways, Inc. (2011)

California Supreme Court limits recovery by contractors’ employees for injuries arising from alleged violations of Cal-OSHA regulations.

Tverberg v. Filner Construction, Inc. (2010)

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

Castaneda v. Olsher (2007)

California Supreme Court holds that mobile home park owner is not liabile for gang-related violence and has no duty to profile prospective tenants for possible gang affiliation.

Kinsman v. Unocal Corp. (2005)

California Supreme Court limits landowners’ liability to contractors’ employees.

Riley v. Kernan (2020)

Ninth Circuit reinstates prisoner’s civil rights lawsuit on religious liberty grounds

Shia v. Shia (2020)

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

Byrd v. Phoenix Police Dep't (2018)

Ninth Circuit reverses dismissal of prisoner's civil rights claims.

Nance v. Miser (2017)

Ninth Circuit reverses dismissal of Muslim prisoner's religious liberty claims.

Hahn v. Waddington (2017)

Ninth Circuit reverses dismissal of prisoner’s civil rights claims.

Armstrong v. Kaplon (2017)

Ninth Circuit reaffirms that criminal restitution orders are not dischargeable in bankruptcy.

Byrd v. Maricopa County Board of Supervisors (2017)

Ninth Circuit reverses dismissal of prisoner civil rights claims.

Santos M. v. Superior Court of Los Angeles County (2016)

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

Sheehe v. Kihagi (2016)

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

Garity v. APWU National Labor Organization (2016)

Ninth Circuit reverses dismissal of ADA lawsuit against union.

Harbor Missionary Church Corporation v. City of San Buenaventura (2016)

Ninth Circuit reverses denial of preliminary injunction to permit church to keep homeless ministry open.

Escobedo v. Apple American Group (2015)

Ninth Circuit issues published opinion for pro bono client, clarifies rules for indigent litigants.

Sio v. Lynch (2015)

Ninth Circuit overturns order to deport pro bono client.

Falcon v. Farley (2015)

Ninth Circuit reverses summary judgment against pro bono client in First Amendment Case.

Sqrow v. A.G.M.G.H. Five, the Ranch Limited Partnership (2014)

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

R.R. v. H.F. (2014)

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.

Gonzales v. California Department of Corrections (2014)

Ninth Circuit Court of Appeals reverses dismissal of civil rights claims.

Jimenez v. Holder (2013)

United States government dismisses removal proceedings against immigrant family.

S. R. v. Superior Court (2013)

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

In re Pineda (2011)

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

Silverbrand v. County of Los Angeles (2009)

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

Durando v. County of Los Angeles (2005)

Adoptive parents of disabled children obtain public benefits.

The Alliance for Children's Rights v. L.A. County Dept. of Children & Family Services (2002)

California Court of Appeal upholds juvenile court’s authority to monitor social workers’ visitation of dependent foster children.

Michery v. Ford (2019)

Horvitz & Levy obtains affirmance of jury verdict finding Ford’s 1999 Expedition was not defectively designed.

Barton v. The Argen Corporation (2019)

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

Steele v. Bell-Carter Foods (2019)

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

Hart v. Special Electric (2018)

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

Menera v. Mega R.V. Corp. (2018)

Horvitz & Levy preserves defense verdict in products liability case.

Hake v. Allied Fluid Products Corp. (2018)

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 (2018)

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

Lockheed Litigation Cases (2017)

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

Ochoa-Valenzuela v. Ford Motor Company (2017)

Ninth Circuit affirms defense verdict in a products liability action arising from a single-vehicle rollover accident.

Edwards v. Ford Motor Company (2017)

Ninth Circuit affirms district court decision that consumer expectations test for product defect does not apply to roof strength in a rollover accident.

Monje v. Spin Master Inc. (2017)

Ninth Circuit affirms trial court’s rulings striking punitive damages and excluding speculative expert toxicological causation opinions in product liability case involving children’s toy.

Saller v. Crown Cork & Seal (2017)

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

Acqua Vista v. MWI, Inc. (2017)

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

Trinity River Lumber Company et al. v. Weaverville Community Services District (2016)

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

Murat v. Exxon Mobil Corp. (2015)

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

Lockheed Litigation Cases (Group 9) (2015)

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

Judicial Council Coordinated Proceedings 4435 TCP Cases (City of Redlands v. Shell Oil Co.) (2014)

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

Collin v. CalPortland Company (2014)

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

Garcia v. ConMed Corporation (2012)

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

O'Neil v. Crane Co. (2012)

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

Heston v. Taser (2011)

Ninth Circuit affirms district court’s reduction of damages award and orders further reduction, leaving defendant responsible for only $150,000 of original $7.6 million award.

Huitt v. Southern California Gas Company (2010)

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. (2010)

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.

Collins v. Plant Insulation Company (2010)

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

Walton et al. v. The William Powell Co. (2010)

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.

Silvestro v. Kaiser Gypsum (2009)

California Court of Appeal reverses judgment for plaintiff in asbestos case because jury’s allocation of fault was unsupported by evidence.

Dee v. PCS Property Management (2009)

California Court of Appeal affirms exclusion of expert testimony under California Evidence Code in a residential mold case.

Lockheed Litigation Cases (2004)

California Court of Appeal affirms exclusion under the California Evidence Code of expert testimony concerning the ability of a range of chemicals to cause cancer.

Horiike v. Coldwell Banker Residential Brokerage Company (2016)

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

McClatchy v. Coblentz, Patch, Duffy & Bass, LLP (2016)

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

Li v. Simpson Thacher & Bartlett LLP (2010)

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

Kirk v. First American Title Insurance Company (2010)

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

PrediWave Corporation v. Simpson Thacher & Bartlett et al. (2009)

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

Hardesty v. Sacramento County (2020)

Horvitz & Levy persuades Ninth Circuit to vacate $105 million verdict against Sacramento County in constitutional challenge to the County’s enforcement of mining regulations

Estate of Morad v. City of Long Beach (2020)

Ninth Circuit affirms judgment for City of Long Beach, police chief, and police officer in excessive force case

Bennett v. Rancho California Water District (2019)

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

City of San Juan Capistrano v. Cal. Public Utilities Comm'n (2019)

Representing amicus curiae San Diego Gas & Electric (Sempra), Horvitz & Levy persuades Ninth Circuit to affirm the dismissal of an action seeking to derail Sempra’s construction project.

Strategic Concepts, LLC v. Beverly Hills Unified School District (2018)

California Court of Appeal applies conflict of interest law to reverse $23 million breach of contract judgment against school district.

Trinity River Lumber Company et al. v. Weaverville Community Services District (2016)

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

Bertsch v. Mammoth Community Water District (2016)

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

Donaho v. County of Yuba (2015)

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

Foli v. Metropolitan Water District of Southern California (2015)

Ninth Circuit rejects challenge to water district's fluoridation program.

Hayden v. California State University (2010)

San Diego County Superior Court denies petition for writ of mandate challenging California State University's fees for summer school.

Border Business Park, Inc. v. City of San Diego (2006)

California Court of Appeal reverses $91.7 million inverse condemnation award against City of San Diego.

Lewis Jorge Const. Management, Inc. v. Pomona Unified School Dist. (2004)

California Supreme Court holds that contractor’s damages against school district for breaching construction contract do not include alleged lost profits attributed to impaired bonding capacity.

Jarecki v. Zitter (2020)

Trial court grants post-trial relief in nuisance and trespass case, slashing damages by more than 70 percent

Curry v. Academy Pointe, Inc. (2020)

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

Victaulic v. American Home Assurance Company (2018)

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

Monje v. Spin Master Inc. (2017)

Ninth Circuit affirms trial court’s rulings striking punitive damages and excluding speculative expert toxicological causation opinions in product liability case involving children’s toy.

Saller v. Crown Cork & Seal (2017)

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

Park v. Mobil Oil Guam, Inc. (2004)

Supreme Court of Guam affirmed reduction of punitive damages award against Mobil Oil

Cohen v. Sterling (2015)

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

Mobasser v. Yermian (2014)

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

Heston v. Taser (2011)

Ninth Circuit affirms district court’s reduction of damages award and orders further reduction, leaving defendant responsible for only $150,000 of original $7.6 million award.

Huitt v. Southern California Gas Company (2010)

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.

Griffin Dewatering Corp. v. Northern Ins. Co. of New York (2009)

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.

Holdgrafer v. Unocal Corp. (2008)

California Court of Appeal reverses $5 million punitive damages award against Unocal in soil contamination case.

Walker v. Farmers Ins. Exchange (2007)

California Court of Appeal affirms trial court's reduction of punitive damages from $8.3 million to $1.5 million in insurance bad faith case.

Sunnie H. Han, et al. v. Richard Hallberg, Jr. (2020)

Hardesty v. Sacramento County (2020)

Horvitz & Levy persuades Ninth Circuit to vacate $105 million verdict against Sacramento County in constitutional challenge to the County’s enforcement of mining regulations

Jarecki v. Zitter (2020)

Trial court grants post-trial relief in nuisance and trespass case, slashing damages by more than 70 percent

Curry v. Academy Pointe, Inc. (2020)

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

Water Court, LLC v. Adams Wine Group, LLC et al. (2020)

Court of Appeal affirms judgment and attorney fees award totaling over $2.1 million in favor of Horvitz & Levy’s client in commercial real estate dispute

Scholes v. Lambirth Trucking Co. (2020)

Acoba v. Olivera Egg Ranch, LLC (2019)

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

Napolitano Holdings v. Touchstone Climbing (2019)

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

Eisen v. Tavangarian (2019)

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

Han v. Hallberg (2019)

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

Acqua Vista v. MWI, Inc. (2017)

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

Horiike v. Coldwell Banker Residential Brokerage Company (2016)

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

Sheehe v. Kihagi (2016)

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

Northrop Grumman Systems Corporation v. Goldentop Road, LLC (2016)

California Court of Appeal affirms ruling for Horvitz & Levy client in commercial real estate dispute.

Transbay Auto Service, Inc. v. Chevron USA, Inc. (2015)

Ninth Circuit reverses judgment under Petroleum Marketing Practices Act.

Ralphs Grocery Company v. Midtown Shopping Center Associates (2015)

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

Aghaian v. Minassian (2015)

California Court of Appeal reverses order granting forum non conveniens motion, holding that Iran is not a suitable alternative forum.

Judicial Council Coordinated Proceedings 4435 TCP Cases (City of Redlands v. Shell Oil Co.) (2014)

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

Jay v. Mahaffey (2013)

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

Lawrence v. J.R. Enterprises, L.P. (2013)

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

Los Angeles County Metropolitan Transportation Authority v. Alameda Produce Market LLC (2011)

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

Burlington Coat Factory v. Bella Terra Associates (2011)

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

In Re Episcopal Church Cases (2009)

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

Sterling v. Taylor (2007)

California Supreme Court affirms judgment for defendant in dispute over real estate transaction.

Border Business Park, Inc. v. City of San Diego (2006)

California Court of Appeal reverses $91.7 million inverse condemnation award against City of San Diego.

Jarecki v. Zitter (2020)

Trial court grants post-trial relief in nuisance and trespass case, slashing damages by more than 70 percent

Hernandez v. First Student, Inc. (2019)

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

Scott Dixler Elevated to Partner at Horvitz & Levy

Appealing in Good Faith

At the Lectern: Practicing Before the California Supreme Court

Horvitz & Levy Index to 2020 Ebulletins

We are pleased to offer our Micra Manual as a searchable PDF

LA Times Wants Ex-Columnist's $15M Bias Award Slashed

Practice Areas

Scholes v. Lambirth Trucking Co. (2020)

City of San Juan Capistrano v. Cal. Public Utilities Comm'n (2019)

A&S Metal Recycling, Inc. v. Wilson's Metal Exchange, Inc (2020)

Angel v. Winograd (2016)

Central Metal v. Center Bank (2015)

Sqrow v. A.G.M.G.H. Five, the Ranch Limited Partnership (2014)

Jay v. Mahaffey (2013)

Malin v. Singer (2013)

Ibarra v. Carpinello (2011)

State Farm v. Lee (2011)

Li v. Simpson Thacher & Bartlett LLP (2010)

Stewart v. Rolling Stone LLC (2010)

PrediWave Corporation v. Simpson Thacher & Bartlett et al. (2009)

In Re Episcopal Church Cases (2009)

Kibler v. Northern Inyo County Local Hosp. Dist. (2006)

Varian v. Delfino (2005)

A&S Metal Recycling, Inc. v. Wilson's Metal Exchange, Inc (2020)

Green Gate Services, LLC v. Daniel Koetting (2020)

Handlers-Bryman v. El Pollo Loco (2020)

Sunnie H. Han, et al. v. Richard Hallberg, Jr. (2020)

Little Cottage Caregivers v. Meiri (2020)

Carr v. AutoNation (2020)

Blas v. U.S. Sports Camps (2019)

Napolitano Holdings v. Touchstone Climbing (2019)

Quidel Corp. v. Superior Court (2019)

Han v. Hallberg (2019)

Villa Riviera Condominium Association v. Spectra Company et al. (2019)

Strategic Concepts, LLC v. Beverly Hills Unified School District (2018)

PSM Holding Corp. v. Nat'l Farm Fin. Corp. (2018)

Simers v. Los Angeles Times Communications, LLC (2018)

Rainwater v. Sergio's El Ranchito, Inc. (2017)

Sheron Doll v. Mahin Ghaffari (2017)

Acqua Vista v. MWI, Inc. (2017)

Haynes v. Kim (2016)

Central Metal v. Center Bank (2015)

Transbay Auto Service, Inc. v. Chevron USA, Inc. (2015)

Ironridge Global IV, Ltd. v. ScripsAmerica, Inc. (2015)

Aghaian v. Minassian (2015)

RunflatAmerica, LLC v. Michelin North America, Inc. et al. (2014)

Mobasser v. Yermian (2014)

Guo v. American Plus Bank N.A. (2013)

Jankey v. Lee (2012)

Don Johnson Productions, Inc. v. Rysher Entertainment (2012)

Bison Builders Inc. v. ThyssenKrupp Elevator Corporation (2012)

Burlington Coat Factory v. Bella Terra Associates (2011)

Logix v. Faherty (2010)

Pauma Band of Luiseño Mission Indians v. Harrah's Operating Company, Inc. (2009)

PSM Holding Corp. v. National Farm Financial Corp. (2009)

City of Hope Nat. Medical Center v. Genentech, Inc. (2008)

Sterling v. Taylor (2007)

Tutor-Saliba-Perini v. Metropolitan Transit Authority (2005)

A&S Metal Recycling, Inc. v. Wilson's Metal Exchange, Inc (2020)

Green Gate Services, LLC v. Daniel Koetting (2020)

Borja v. Saxton (2020)

Handlers-Bryman v. El Pollo Loco (2020)

Sunnie H. Han, et al. v. Richard Hallberg, Jr. (2020)

Little Cottage Caregivers v. Meiri (2020)

Shia v. Shia (2020)

Newman v. Larios (2020)

Curry v. Academy Pointe, Inc. (2020)

Alaniz v. Sun Pacific Shippers, L.P. (2020)

Montoya v. Ford (2020)

Scholes v. Lambirth Trucking Co. (2020)

Alexander v. Community Hospital of Long Beach (2020)

Blas v. U.S. Sports Camps (2019)

Lahijani v. Hakakian (2019)

Herod v. Parfums De Coeur Ltd. Corp. (2019)

Duket v. Fremont Rideout Health Group (2019)

Samora v. Muhammad (2019)

Acoba v. Olivera Egg Ranch, LLC (2019)

Doe v. Department of Children and Family Services (2019)

Bennett v. Rancho California Water District (2019)

Napolitano Holdings v. Touchstone Climbing (2019)