Published Opinions

• Writ proceeding addressing statutory duties and liability exposure under California’s rental car statutes. In a case of first impression, the Court of Appeal granted relief from the trial court’s denial of summary judgment and clarified statutory interpretation affecting rental vehicle liability. Enterprise Rent-A-Car of Los Angeles v. Superior Court, 84 Cal.App.5th 1 (2022)
• Supreme Court decision clarifying comparative fault and apportionment principles in public entity litigation. The Court reversed the Court of Appeal and provided authoritative guidance on allocation of noneconomic damages. B.B. v. County of Los Angeles, 10 Cal.5th 1 (2020) (California Supreme Court)
• Homeowners' association which had been involved in litigation following a landslide brought action against developer's real estate agents, alleging unfair business practices, breach of fiduciary duty, and intentional misrepresentation. The trial court sustained agents' demurrers on standing and statute of limitations grounds, and association appealed. The Court of Appeal held that the association had standing to bring the action, and affirmed in part and reversed in part. Glen Oaks Estates Homeowners Assn. v. Re/Max Premier Properties, Inc., 203 Cal.App.4th 913 (2012)
• Seminal Supreme Court decision clarifying attorney-client privilege in corporate internal investigations and employment disputes. Costco Wholesale Corp. v. Superior Court, 47 Cal.4th 725 (2009) (California Supreme Court)
• Cosmetic surgery medical board petitioned for writ of mandate directing Medical Board of California to grant its application for its certification requirements to be approved as equivalent to those of an American Board of Medical Specialties (ABMS) member board. The trial court granted the petition and ordered Board to approve the application. The Board appealed. The Court of Appeal reversed, holding that Board did not have a mandatory duty to approve the application, and evidence supported denial of the application. American Board of Cosmetic Surgery, Inc. v. Medical Board of California, 162 Cal.App.4th 534 (2008)
• Appeal involving insurance brokerage negligence and professional liability claims. The Court of Appeal affirmed the trial court’s determination that, despite a negligence finding, no damages could be awarded due to offsets charged against the award. Further, a stipulated judgment containing a covenant not to execute could not create a presumption of liability or damages. Valentine v. Membrila Insurance Services, Inc., 118 Cal.App.4th 462 (2004)
• Employee of hazardous waste disposal company brought action against corporation after drum containing corporation's used batteries, which disposal company had repackaged in drum, exploded and injured employee. The trial court entered judgment on a jury verdict for employee and the corporation appealed. The Court of Appeal reversed under the principles announced in Privette. Park v. Burlington Northern Santa Fe Railway Co., 108 Cal.App.4th 595 (2003)
• Supreme Court decision clarifying waiver of arbitration rights and the necessity of prejudice to establish waiver. St. Agnes Medical Center v. PacifiCare of California, 31 Cal.4th 1187 (2003) (California Supreme Court)
• Malicious prosecution appeal involving attorney liability arising from a suit involving construction defects the seller of a condominium failed to disclose. The Court affirmed summary judgment and clarified that an attorney evaluating whether to initiate legal proceedings may generally rely on information provided by the client. Morrison v. Rudolph, 103 Cal.App.4th 506 (2002)
• Judgment of nonsuit entered in favor of defendant attorneys in a legal malpractice action. The Court of Appeal affirmed the judgment. Bolton v. Trope, 75 Cal.App.4th 1021 (1999)

Unpublished Appellate Matters

• Medical device product liability case. Appeal from an order dismissing the First Amended Complaint on defendants’ motion, where the district court had not yet provided an opportunity to amend the pleadings. Plaintiffs dismissed their appeal after the respondent’s brief was filed and before the Court of Appeals issued its decision. Guerrero v. Argon Medical Devices, 2025 WL 4115860 (Ninth Circuit)
• Appeal involving statutory rental car liability and negligence claims. The Court affirmed judgment in favor of respondent, clarifying application of California’s rental vehicle liability statutes. Peterson v. Enterprise Rent-A-Car, 2022 WL 1055533
• The trial court denied defendants’ special motion to strike portions of plaintiff's second amended complaint (Code Civ. Proc., § 425.16) on the ground the motion should have been made in connection with earlier pleadings and was therefore untimely. The Court of Appeal reversed and remanded for the trial court to hear the motion on its merits. Bell v. Brumm, 2021 WL 3673808
• Qui tam appeal dismissed for lack of appellate jurisdiction following procedural steps taken in the trial court by plaintiff designed to generate immediate appellate jurisdiction when it was not authorized by the Legislature. People ex rel. Tonti v. Living Rebos, LLC, 2020 WL 4669836
• After a jury found that Grandpa's Jumps was actively negligent when it rented a defectively designed inflatable slide to a parochial school and installed it at the school fundraiser, the trial court ruled in favor of the school on a cross-complaint brought by Grandpa's Jumps for contractual indemnity. Grandpa's Jumps appealed and the Court of Appeal affirmed the summary judgment in favor of the school. Jumps v. Archdiocese of Los Angeles, 2017 WL 2874566
• This is the second appeal. In the first, the Court of Appeal affirmed the judgment denying Grandpa's Jumps' contractual indemnity claim against a parochial school Grandpa's Jumps then appealed a trial court order denying its motion for attorney fees and the Court of Appeal affirmed. Grandpa’s Jumps (Companion Appeal), 2017 WL 4937700
• One of multiple appeals arising from litigation concerning property damage following the San Simeon earthquake. The trial court entered summary judgment in favor of Plaintiffs and awarded attorney fees, and the Court of Appeal affirmed those orders. Arrambide v. Mastagni, 2012 WL 310783
• Appeal arising from the dismissal of Plaintiff’s suit against defendants who excluded her from operating stalls at their farmers’ markets. The Court of Appeal affirmed the judgment of dismissal. Clasby v. McColm, 2010 WL 312523
• In a case arising from a landslide that occurred on January 10, 2005, at La Conchita, the complaint sought damages from, among other defendants, the County of Ventura (“County”), and a limited partner in an entity that owns La Conchita Ranch (“Ranch”). The limited partner obtained summary judgment based on the immunity granted to limited partners by the Corporations Code. The County obtained a judgment of dismissal for failure to prosecute. The Court of Appeal affirmed. Cule v. Rincon, 2009 WL 1803000
• Appeal from a judgment that was entered on an arbitrator’s award arising from a home remodel dispute. The Court of Appeal addressed the arbitrator’s alleged failure to disclose facts concerning the opposing party’s membership and his own membership in the Better Business Bureau, under Cope of Civil Procedure §1281.95 and various standards of the California Rules of Court, and Ethics Standards for neutral Arbitrators in Contractual Arbitration. The judgment was affirmed. Blank v. Bounds, 2008 WL 4147554
• Appeal addressing whether an employer could be held vicariously liable under respondeat superior principles for alleged employee misconduct. The Court analyzed scope-of-employment standards and affirmed summary judgment in favor of GameStop. Horn v. GameStop, Inc., 2008 WL 2569258
• Defendant Chaparral Energy, L.L.C. (Chaparral) successfully moved to quash service of a complaint filed by Lloyd G. Copenbarger, Jr., and Paul D. Copenbarger, cotrustees of the Copenbarger Trust (the trust) in a dispute involving an Oklahoma oil well. The trial court ruled that Chaparral lacked the requisite minimum contacts to sustain California jurisdiction. The trust appealed and argued that such contacts exist, or alternatively, that it should have been granted a continuance to conduct discovery on the issue. The Court of Appeal affirmed the trial court’s order. Copenbarger v. Chaparral Energy, L.L.C., 2007 WL 2751626
• Appeal in a school district liability case. The Court of Appeal held that the trial court erred in awarding attorney fees to the plaintiff because the motion for sanctions was based exclusively on defendant’s denial of four improper requests for admission that it determined defendant justifiably denied. Susan B. v. Los Angeles Unified School District, 2006 WL 826089
• In a case arising from the termination of a police officer. The plaintiff appealed from the denial of his motion for attorney fees under the private attorney general statute. The Court of Appeal affirmed the trial court’s denial of that relief. The Court of Appeal also reversed the trial court’s order granting plaintiff back pay. Quintero v. City of Santa Ana, 2005 WL 2038398
• Federal appeal involving a dog breeder’s claims against a national organization and related defendants, alleging a conspiracy to prevent her dogs from being registered as purebred dogs and enjoying equal access to various purebred canine activities. The Ninth Circuit addressed challenges to the trial court’s dismissal and affirmed. Weissleader v. American Kennel Club, 128 Fed.Appx. 606 (9th Cir. 2005)
• Appeal involving real estate brokerage liability and fiduciary duty issues. The Court of Appeal reversed the trial court’s dismissal of the complaint, holding that plaintiff should be given leave to amend his complaint. Ross v. Century 21 Bill Pike Realty, 2003 WL 1849245
• Professional negligence appeal involving statute of limitations defenses in accounting malpractice litigation. The Court affirmed summary judgment in favor of respondent. Avakian v. Ohanessian, 2002 WL 31195443
• Appeal involving fiduciary and contractual disputes within sports management representation. The Court affirmed in favor of respondent. Beverly Hills Sports Council v. Wright, 2002 WL 31320288
• Appeal involving contractual indemnity and allocation of liability following workplace injury litigation. The Court reversed summary judgment and remanded for further proceedings, providing relief to appellant. Green v. Southern California Edison Co., 2002 WL 130961
• In an action related to the plaintiff’s claim of community interest in fees expected to be received by her attorney-ex-husband during their dissolution proceeding, the trial court granted summary judgment, concluding she could not prove causation, and the Court of Appeal affirmed. Simon v. Seone, 2002 WL 275517