Business | Consumer 

 

  • Appeal by a funeral home challenging the trial court’s default judgment in an action brought by parents, Mexican tourists whose child died unexpected while visiting California, for breach of contract, breach of the implied covenant to provide dignified funeral services, negligence, intentional infliction of emotional distress, and fraud.  Parents alleged that funeral home had filed incorrect paperwork, untimely transported the body back to Mexico, mishandled the corpse, and delayed the burial of their child.  Funeral home alleged that it had fulfilled the terms of the contract as written, and that it was the victim of the ineffective assistance of trial counsel.  Resolved by mediator’s proposal.

 

  • Class action by consumer alleging that defendant, an electronic doorbell manufacturer, failed to disclose the cost of optional features available only through a paid subscription.  Consumer alleged that manufacturer violated the Consumer Legal Remedies Act, False Advertising Law, and Unfair Competition Law. Manufacturer alleged consumer sued in bad faith, failed to mitigate his limited damages, did not have standing to bring a class claim, and should have been bound by the manufacturer’s arbitration agreement.  After the court denied class certification, plaintiff’s counsel brought an identical class action at a different venue.  Global settlement discussions to continue.

 

  • Appeal by consumer challenging the trial court’s post-trial determination of bad faith prosecution and award of attorneys’ fees/costs to the defense. The consumer alleged that the auto dealership violated the Consumer Legal Remedies Act by charging him more than the MSRP sticker price and that he sued in good faith.The auto dealership alleged the consumer had buyer’s remorse, sued in bad faith, provided testimony that contradicted his complaint, and caused the dealership to expend resources in mounting a defense, which it won. Resolved following mediation.

 

  • Appeal by consumer challenging the trial court’s denial of class certification in an action against mattress store alleging unfair competition and unfair advertising of its mattress size and price matching offer. Mattress store alleged consumer lacked standing, her claim had no merit, she had kept and enjoyed the mattress she bought, and she had declined a full refund. Resolved by mediator’s proposal.

 

  • Appeal by subcontractor, an electrical business, challenging the trial court’s judgment in a mechanic’s lien action against a building contractor and a property owner on construction of a condominium complex. Subcontractor alleged both the contractor and owner failed to fully compensate it for services rendered. Contractor alleged owner failed to fully compensate it for its work.  Owner alleged contractor and subcontractor failed to complete the job and performed substandard work, creating delay, cost overruns and habitability problems.  Resolved by mediator’s proposal.