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...
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...
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...
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...
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...
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.
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 (2020) 52 Cal.App.5th 1107. The Fourth District Court of Appeal held that even when a landlord...
The Published Justice Project’s latest publication victory, in Costa v. Road Runner Sports (2022) 84 Cal.App.5th 224, 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...
The Center successfully sought publication of Cabatit v. Sunnova Energy Corp.(2021) 60 Cal.App.5th 317, a decision from the Third Appellate District holding that the arbitration clause in a door-to-door solar panel contract was unconscionable and therefore unenforceable.
The case presented an all-too-common scenario: a solar panel energy salesman signed up a couple for solar panels on their home, and scrolled through an...
The Second District Court of Appeal granted the Center’s request to publish Swain v. LaserAway Medical Group(2020) 57 Cal.App.5th 59, a decision holding that LaserAway’s arbitration contract was unconscionable and therefore unenforceable. The Center was joined on its amicus letter by the Katharine & George Alexander Community Law Center at Santa Clara Law, National Consumer Law Center, Public Law Center, and Public Counsel. The Court of Appeal had...
