California Case Summaries: December 2019

California Case Summaries™:
A free summary of a new civil case published in December is provided below.

Forty six new civil cases were published in California in December 2019. I provide short case summaries, organized by legal topic,  to help California lawyers easily keep up with the new case law.

California Case Summaries
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CALIFORNIA COURTS OF APPEAL

Civil Procedure

Rincon EV Realty LLC v. CP III Rincon Towers, Inc. (2019) _ Cal.App.5th _ , 2019 WL 7184476: The Court of Appeal affirmed the trial court’s order granting summary judgment for defendants in a commercial action alleging several legal and equitable claims. In the initial trial court proceedings, the trial court found for defendants on all claims including an equitable claim under the unfair competition law (UCL, Business & Professions Code, section 17200 et seq.). Plaintiffs appealed. The Court of Appeal held plaintiffs were entitled to a jury trial on the legal issues and remanded the case back to the trial court. After remand, the trial court granted summary judgment for defendants on the basis that the original decision on the equitable UCL claim was binding on, and dispositive of, plaintiffs’ remaining legal claims. The Court of Appeal affirmed. When an action involves both legal and equitable claims, findings pertaining to one set of claims are binding in the subsequent resolution of the other set of claims, and the first trial judge’s findings on the equitable claim were dispositive of the legal claims. (C.A. 1st, December 26, 2019.)

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Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator and Referee at ADR Services, Inc.
Publisher of California Case Summaries™
California Trial Lawyer Since 1980
Member of ABOTA Since 1995
Past President of the SDCBA and the San Diego Chapter of ABOTA