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Lusardi Construction Co. v. Dept. of Industrial Relations
Under former Labor Code Section 1777.7, prime contractor's knowledge of subcontractor's noncompliance with apprenticeship hiring requirements was sufficient to support penalizing the prime contractor for the noncompliance.
Employment Law, Remedies 4DCA/1 Jun. 26, 2024
United States Trustee v. John Q. Hammons Fall 2006, LLC
Prospective parity was appropriate remedy for short-lived disparity created by unconstitutional bankruptcy fee statute because that was the remedy Congress would have intended had it known the statute was unconstitutional.
Bankruptcy, Remedies USSC Jun. 17, 2024
People ex rel. International Assn. of Firefighters v. City of Palo Alto
In quo warranto action, trial court's decision to fashion an alternative remedy rather than invalidate an unlawful measure was an abuse of discretion.
Municipal Law, Remedies 6DCA Jun. 5, 2024
Naranjo v. Spectrum Security Services, Inc.
Employers are not subject to civil penalties for failure to comply with wage statement requirements when they had a reasonable good faith belief they complied with Labor Code Section 226.
Employment Law, Remedies CASC May 7, 2024
Reynosa v. Superior Court (Advanced Transportation Services, Inc.)
Employee was not barred from withdrawing from arbitration by continuing to participate in the arbitration where employer failed to timely pay arbitration fees.
Arbitration, Remedies 5DCA May 7, 2024
People v. Plains All American Pipeline, LP
Trial court erroneously denied restitution for victims of environmental crime based on their mediated civil settlements and class action lawsuits.
Remedies, Environmental Law 2DCA/6 May 6, 2024
People v. Koontzy
Restitution order imposed as condition of probation rather than to directly address the victim's loss could not be modified after the criminal defendant's probation ended.
Remedies, Criminal Law and Procedure 1DCA/5 Apr. 29, 2024
G.F. Galaxy Corp. v. Johnson
Statutes authorizing judgment creditors to recover reasonable and necessary costs of enforcing judgment did not require that collection efforts be resolved or successful prior to any recovery.
Remedies 4DCA/1 Mar. 12, 2024
Dragones v. Calkins
Right to recover attorney's fees under the newly enacted Family Code Section 6344 does not require an examination of the disparity in income between the parties.
Remedies 2DCA/7 Jan. 18, 2024
Garcia v. Tempur-Pedic North America, LLC
Despite deposition not actually occurring, trial court's consideration of whether to award incurred deposition costs was appropriate.
Remedies 4DCA/2 Jan. 10, 2024
Vargas v. Gallizzi
Where trial court had authenticated records at pretrial hearing, yet defendant still denied numerous requests for admission, plaintiff was entitled to attorneys fees and costs.
Remedies 2DCA/7 Oct. 16, 2023
Nash v. Aprea
Once judgment on the breach of the rental agreement was entered against defendant, the agreement's $1,000 limit on attorney fees was merged into and extinguished by the judgment.
Remedies 2DCA/7 Oct. 4, 2023
Marriage of Rangell
Trial court properly awarded over $90,000 in sanctions after ex-husband repeatedly refused to comply with court orders to transfer funds to ex-wife.
Remedies 2DCA/8 Oct. 2, 2023
People v. Valle
Victim restitution laws did not allow for victim to keep her phone that was left behind when she escaped a physical altercation, but later was returned, and also be awarded the cost of the phone.
Remedies 3DCA Jul. 31, 2023
Briggs v. Elliott
Trial court properly awarded prevailing party postjudgment collection costs on anti-SLAPP judgment because plaintiff failed to file a timely motion to tax costs.
Remedies 4DCA/1 Jun. 19, 2023
Los Angeles Unified School Dist. v. Superior Court (Jane Doe)
Treble damages imposed on entities that cover-up sexual assault cases are punitive in nature and unavailable from public entities like the Los Angeles Unified School District.
Remedies CASC Jun. 2, 2023
Rreef America Reit II Corp, YYYY v. Samsara, Inc.
Trial court was correct not to reduce amount of attachment order based on on letter of credit because it was not an interest in the property of the defendant.
Remedies 1DCA/1 May 17, 2023
Wakefield v. Visalus Inc.
Aggregated statutory damages awards are subject to constitutional limitations in extreme situations, even where the per-violation penalty is otherwise constitutional.
Remedies 9th Oct. 21, 2022
Immigrant Rights Defense Council, LLC v. Hudson Insurance Co.
Party suing immigration consultants on behalf of general public could not recover litigation costs from bond guarantor because statute limited recovery to persons damaged by the immigration consultants.
Remedies 2DCA/4 Oct. 20, 2022
Riley v. Volkswagen Group of America
A high ratio of punitive damages was appropriate where defendant car manufacturer's actions to conceal emissions were highly reprehensible, but resulted in low compensatory damages.
Remedies 9th Oct. 19, 2022
W.B. Music Corp. v. Royce Intl. Broadcasting Corp.
District court acted within its broad discretion to prolong receivership to aid in execution of Copyright Act judgment, even though defendants claimed they had satisfied the judgment.
Remedies 9th Sep. 1, 2022
Gutierrez v. Chopard USA Ltd.
Awarding plaintiff attorney fees and costs was not error where joint stipulation executed by the parties expressly stated defendant would not dispute liability or entitlement to fees and costs.
Remedies 2DCA/5 Aug. 23, 2022
People v. McCune
Trial court retained jurisdiction to set hit-and-run victim's restitution amount even after defendant's probation was terminated early by amended probation limits.
Remedies 1DCA/5 Jul. 27, 2022
Siry Investment, L.P. v. Farkhondehpour
Penal Code Section 496(c) allowed for treble damages and attorneys' fees since defendants' improper transfer of rental income constituted theft.
Remedies CASC Jul. 22, 2022
McNeal v. Whittaker, Clark & Daniels
Punitive damages award was reversed because evidence did not show that executives knew there were "probable dangerous consequences" from trace levels of asbestos in its talc that would cause plaintiff's mesothelioma.
Remedies 2DCA/8 Jul. 6, 2022
Doe v. Lee
A punitive damages award could not stand because there was insufficient evidence of defendant's financial condition to support it, and what little evidence was provided suggested the award was excessive.
Remedies 3DCA Jun. 6, 2022
Torres v. Adventist Health System/West
Plaintiff's allegation that she relied on hospital's failure to disclose additional emergency room fees and thereafter received treatment at hospital did not sufficiently plead reliance under the Consumer Legal Remedies Act.
Remedies 5DCA Apr. 15, 2022
Harbor Breeze v. Newport Landing Sportfishing
An order denying disgorgement of profits in a false advertising claim was reversed because the jury instructions failed to recite the correct legal standard.
Remedies 9th Mar. 8, 2022
In re Google Inc. Street View Electronic Communications Litigation
Cy pres payments only to third-party, advocacy groups is appropriate especially where verification of class member claims would be costly and time-consuming.
Remedies 9th Dec. 28, 2021
People v. Frias
Because no evidence was presented to the contrary, the trial court did not err in presuming that aftermarket parts can vary in quality compared to original parts.
Remedies 2DCA/8 Oct. 8, 2021