Published Justice

Court Grants Center’s Request to Publish Case Holding that Plaintiff Could Not Be Forced to Arbitrate Based on His Class Action Attorney’s Knowledge

October 19, 2022

The Published Justice Project’s latest publication victory, in Costa v. Road Runner Sports, is the first published decision to clarify that consumers cannot be assumed to have agreed to arbitration just because their lawyers know about a company’s arbitration provision.

After being charged for several years for a membership he no longer used, the plaintiff sought relief based on California’s Automatic Renewal Law and joined a class action against Road Runner Sports. Road Runner argued that by joining the class action...

Court Grants Center’s Request to Publish Case Upholding Californians’ Right to Seek Public Injunctions

September 22, 2022

On September 15, 2020, the California Court of Appeal (Fourth District, Division 3) granted the Center’s request to publish Mejia v. DACM, a decision holding that the arbitration clause in a consumer credit contract was unenforceable.

The opinion in Mejia v. DACM is significant, and its publication makes new law on two timely consumer contract issues: waiver of public injunction rights and choice of law. The Court of Appeal held in favor of consumers on both.

The case involved another chapter in the saga involving California vehicle dealers and...

After Center’s Request, Court Publishes Decision Upholding Subpoena Power of Public Enforcement Agencies

April 12, 2022

The Center successfully requested publication of the opinion in People v. Alorica, Inc., a decision confirming an important principle: that public agencies, including the state attorney general and district attorneys’ offices, have broad authority to investigate potential violations of the laws subject to their jurisdiction — including consumer protection laws.

The decision delineates the investigative powers of California’s public...

At Center’s Urging, Court Publishes Decision Holding that Residential Care Facilities for the Elderly Are Responsible for Demonstrating the Validity of Arbitration Agreements

March 8, 2022

The Third District Court of Appeal has granted the Center’s request to publish Rogers v. Roseville SH, LLC. As a result, it is now clear to the state’s trial courts that residential care facilities for the elderly (RCFEs) hold the responsibility of demonstrating the validity of arbitration agreements signed by third parties. If a resident’s family member signs the arbitration agreement, the RCFE must show that the senior gave them the authority to do so —...

Court Grants Center’s Publication Request of Opinion Holding That Debt Buyers Must Offer Sufficient Evidence To Prove An Arbitration Agreement Exists In Order To Compel Arbitration

November 30, 2021

The Fourth District Court of Appeal granted the Center’s request to publish Chambers v. Crown Asset Management, which offers a nuanced examination of the secondary evidence rule and the business records exception to the hearsay rule in the context of a debt buyer’s arbitration motion. The opinion offers a useful example of how courts should consider evidence from an original creditor that is offered by a debt buyer.

This case...

Center Successfully Requests Publication of Opinion Holding That Residential Care Facilities May Not Bind Seniors to Arbitration Agreements Signed by Unauthorized Family Members

January 3, 2022

The First District Court of Appeal granted the Center’s request to publish Theresa D. v. MBK Senior Living, which held that a senior in a residential care facility for the elderly (RCFE) may not be bound to an arbitration agreement signed by a family member who was not legally authorized to sign such agreements on her behalf. Since these agreements are commonly used in RCFEs, the publication of this opinion will serve to guide courts and litigants faced with...

Center Successfully Requests Publication of Opinion Affirming Judgment Against Landlord for Wrongful Eviction and Harassment

September 1, 2021

The Center successfully petitioned the First District Court of Appeal to publish Duncan v. Kihagi, a decision affirming a multimillion-dollar judgment in favor of a family of residential tenants against their former landlords for wrongful eviction and harassment. In a time when rentals are scarce and COVID-related eviction protections will soon expire, this opinion makes clear that landlords may not deny services or harass their tenants in order to force them to...

Center Successfully Requests Publication of Third Laguna Hills Mutual v. Joslin

May 26, 2020

The Center successfully requested publication of Third Laguna Hills Mutual v. Joslin, which provides important guidance on the appropriate application of “anti-SLAPP” motions between homeowners and homeowner associations, helping to protect homeowners’ rights.

Center Requests Publication of Case Making Homeowner Association Directors More Accountable

July 14, 2020

The Center for Consumer Law & Economic Justice, along with the Center for California Homeowner Association Law, Housing & Economic Rights Advocates, and Legal Aid Society of San Diego, requested publication of Coley v. Eskaton, a recent decision from California’s Third District Court of Appeal that held that homeowner association (HOA) directors can be held personally liable for their misconduct and self-dealing in managing an association. Significantly, the case...

Center Successfully Requests Publication In Graylee v. Castro To Protect Tenants

August 4, 2020

The Center for Consumer Law & Economic Justice, along with the Eviction Defense Collaborative, Public Law Center, the National Housing Law Project, Bet Tzedek Legal Services, Neighborhood Legal Services of Los Angeles County, the East Bay Community Law Center, and Legal Aid of Sonoma County, requested publication in Graylee v. Castro. The Fourth District Court of Appeal held that even when a landlord and tenant agree to a...