Published Justice

Published Justice Project

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...

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...

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...

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

September 22, 2020

On September 15, 2020, the California Court of Appeal (Fourth District, Division 3) granted the Center’s request to publish Mejia v. DACM (2020) 54 Cal.App.5th 691, 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...

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 (2020) 49 Cal.App.5th 366, 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 (2020) 51 Cal.App.5th 943, 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...