The California Civil Litigation blog, published by Pamela Fasick, focuses on various aspects of civil litigation within California. It covers significant court decisions affecting contract law, such as changes to the parol evidence rule, procedural issues like judgments entered without prior notice, and the interplay between state laws and federal statutes such as ERISA in healthcare disputes. The blog also addresses consumer protection topics, including the applicability of the Consumer Legal Remedies Act to insurance, and explores developments in sexual harassment law under California statutes. It provides analysis of appellate and Supreme Court rulings that shape civil litigation practice in California.
The California Supreme Court Discards the State’s Idiosyncratic Interpretation of the Fraud Exception
Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Association (No. S190581, January 14, 2013)
The California Supreme Court has unanimously overruled the often-criticized decision that for decades…
I Was Informed There’s a Judgment Against Me But I Never Heard of Any LawsuitIt’s relatively unusual for a person who had no notice that they had been named as a defendant in a civil action to be informed that…
Court of Appeal Reverses a Judgment Sustaining a Demurrer by Blue Cross
Coast Plaza Doctors Hospital v. Blue Cross of California (2009) 173 Cal.App.4th 1179
11 p.
According to the allegations in the complaint, a patient checked into an out-of-network…
Supreme Court Affirms Decision But Narrows the Holding From All Insurance to Just Life Insurance
Fairbanks v. Superior Court (2009) 46 Cal.4th 56
10 p.
At the time that the Court of Appeal decision in Fairbanks came out I praised…
Oral Argument in Sexual Harassment Case Was Heard on April 7During its April 7th Oral Argument session the California Supreme Court heard arguments in the sexual harassment action Hughes v. Pair. In that action Suzan Hughes, the mother of a…
Contract Was Enforceable Because Settled Law Provided a Time for PaymentPatel v. Liebermensch (December 22, 2008, S156797)9 p. decisionThe California Supreme Court unanimously reversed the Court of Appeal decision in Patel v. Liebermensch, agreeing with the trial court…
Dismissal of Misdemeanors Because No Courtroom Was Available is UpheldPeople v. Cole, Appellate Division, Riverside County (July 25, 2008, APP-004096)Civil procedure, in the form of civil trials, has been the intermittent collateral damage in the court congestion crisis…
As Soon As You Realize What It Is – Stop Reading. Then Give It Back. Right Away.
Rico v. Mitsubishi Motors Corporation (Dec. 13, 2007, S123808)
16 p. opinion
The rule that the Supreme Court sets forth…
Patel v. Liebermensch (S156797)I did not go out on any limbs when writing about this decision so you will have to take my word for it that I thought it was a close call. The Supreme Court will be addressing…
Fairbanks v. Superior Court (S157001)When I wrote about this decision I praised it for its thoroughness. It was an issue of first impression but I found the Court of Appeal’s four-part statutory interpretation very persuasive. I predicted that the…
