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California › Cal Code of Civil Procedure › Appeals

Haight Brown & Bonesteel LLP

Timely Filed, Wrongly Rejected: Court of Appeal Reinforces Summary Judgment Rights

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In CFP BDA, LLC v. Superior Court (2025), the California Court of Appeal, Fourth Appellate District, Division Two (Riverside), issued a published opinion that clarifies a recurring procedural dilemma in civil litigation:...more

Patton Sullivan Brodehl LLP

Court Rules Grower Cannot Use Access Easement for Cannabis Purposes Without Servient Landowner’s Consent

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While many Californians consider the legality of cannabis to be settled law, the ongoing conflict between California and federal laws on the subject continue to give rise to unexpected outcomes when it comes to real property...more

Patton Sullivan Brodehl LLP

LLC Member Acting for LLC Without Authority Is Not “Protected Activity” Under California’s Anti-SLAPP Statute

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California’s anti-SLAPP statute (Code of Civil Procedure section 425.16) aims to protect defendants from meritless lawsuits designed to chill “protected activity” — i.e., the exercise of rights of petition (litigation) or...more

Proskauer - California Employment Law

Anti-Arbitration Statute Gets Zapped!

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The Empire Struck Back last week when the California Court of Appeal held that the state’s latest back-door attempt to outlaw employment arbitration by any means necessary is preempted by the Federal Arbitration Act (FAA). ...more

ArentFox Schiff

Gramajo v. Joe’s Pizza: California Plaintiffs Winning Wage or Overtime Claims Must Receive Some Attorney Fees

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In Gramajo v. Joe’s Pizza on Sunset, Inc., Case Nos. B322992/B323024 (Cal. App. Mar. 25, 2024), the California Court of Appeal held that employees who win in court on a claim for minimum or overtime wages must be awarded at...more

Proskauer - California Employment Law

Trade Secrets Claim Against Company Not Severable From Claim Against Employee, Appeals Court Finds

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A California semiconductor manufacturer cannot pursue in court its claims of trade secret misappropriation against a rival company while simultaneously arbitrating the same claims against the allegedly larcenous employee, a...more

Sheppard Mullin Richter & Hampton LLP

New California Law Prohibits Automatic Stay of Trial Court Action When Appealing Denial of a Motion to Compel Arbitration

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On October 10, 2023, California Governor Newsom signed into law S.B. 365, a bill that amends California Code of Civil Procedure Section 1294. The new law provides that when a party appeals an order denying a motion to compel...more

Proskauer - California Employment Law

Employees Lose on PAGA Claims in Court Following Loss in Arbitration

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Earlier this month, the California Court of Appeal (2d Dist.) ruled that issue preclusion bars a derivative Private Attorneys General Act (PAGA) claim where the plaintiff litigates individual Labor Code claims in arbitration...more

Pillsbury Winthrop Shaw Pittman LLP

California Court of Appeal Affirms Trial Court’s Grant of Summary Judgment to Defendants in Proposition 65 Coffee Case

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After 12 years of litigation, coffee manufacturers, distributors, and retailers are one step closer to closing the door on Proposition 65 warnings on coffee. Coffee generally does not require Proposition 65 warnings—this...more

Patton Sullivan Brodehl LLP

Diversion of LLC Funds Is Not “Protected Activity” Under California’s Anti-SLAPP Statute

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California’s anti-SLAPP statute (Code of Civil Procedure section 425.16) aims to protect defendants from meritless lawsuits designed to chill “protected activity” — i.e., the exercise of rights of petition or free speech on...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Holds that SEC Filings May Be Protected Activities Under Anti-SLAPP Statute

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On December 27, 2021, the California Court of Appeal issued two decisions addressing whether claims arising from statements made in filings with the Securities and Exchange Commission (“SEC”) fall within California’s statute...more

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