Published Justice

Published Justice Project

Published Justice Project Gets Precedential Victory in Case Against Deceptive Online University

March 21, 2024

The Center successfully advocated for the California Court of Appeal to publish its recent decision in People v. Ashford University. The previously unpublished opinion is now citable and provides future courts and litigants guidance in determining civil penalties in public prosecutions.

The facts in ...

Published Justice Project Helps Ensure Precedential Victory for Elderly Victim of Home Solar Fraud

March 4, 2024

At the urging of the Center on behalf of nine legal services and consumer advocacy organizations, along with the plaintiffs, the California Court of Appeal has ordered publication of its recent decision in Jones v. Solgen Construction, LLC The previously unpublished decision – which may now be cited – provides guidance to courts and litigants in addressing the growing problem of fraud in door-to-door residential solar panel sales.

At...

Court of Appeal Grants Center’s Request to Publish Opinion Preventing Debt Collectors From Evading Liability Under the Rosenthal Act

January 11, 2024

The Center successfully requested publication of the opinion in Moten v. Transworld Systems, Inc., a decision that prevents debt collectors from invoking California’s litigation privilege as a shield from liability for fraudulent and deceptive debt collection practices.

Transworld Services, Inc. (TSI), a third party debt collector, sought to collect debt from student loan borrowers on behalf of National Collegiate Student...

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. (2022) 77 Cal.App.5th 60, 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...

Court Grants Center’s Request to Publish Opinion Certifying Class of Tenants Who Sued For False Advertising and Breach of Warranty of Habitability

April 8, 2021

The Center successfully sought publication of the opinion in Peviani v. Arbors at California Oak (2021) 62 Cal.App.5th 874, a decision from the Fourth Appellate District, Division Two, allowing a group of tenants to bring a class action lawsuit for breaches of the implied warranty of habitability, false advertising, and other claims.

The Court’s opinion applies the principles of class certification to a set of...

Center Convinces Court to Publish Opinion Finding Arbitration Clause Unenforceable Against Consumers Charged Unconscionable Interest Rates For Auto Loans

February 11, 2021

The Center successfully sought publication of Maldonado v. Fast Auto Loans (2021) 60 Cal.App.5th 710, a decision holding that a lender charging unconscionable interest rates could not force arbitration of a class action seeking an injunction providing broad-based protection against future harm to consumers. Enforcing an arbitration clause in these circumstances, the Fourth District Court of Appeal held, would require borrowers to waive all...

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 68 Cal.App.5th 519, 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...

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 (2021) 71 Cal.App.5th 583, 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...

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 (2022) 75 Cal.App.5th 1065. 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...

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 (2021) 73 Cal.App.5th 18, 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...