PUBLISHED OPINIONS

Published Appellate Opinions of Note Authored by Justice Kane

Below is a list of noted published appellate opinions authored by Justice Kane. They serve as examples of the work he can accomplish on your behalf…

Robertson v. Fleetwood (2006) 144 Cal.App.4th 785

[Plaintiffs’ verdict for violating refund-or-replace provisions of Song-Beverly Act affirmed]

 

San Joaquin Raptor Rescue Center v. County of Merced (2007) 149 Cal.App.4th 645

[Mandate granted because of inadequacy of Environmental Impact Report (EIR)]

 

Nichols v. City of Taft (2007) 155 Cal.App.4th 1233

[Attorney fee award reversed because trial court erroneously thought it was required to award multiplier and because it erroneously used out of town attorney billing rate]

 

Med-Trans Corporation, Inc. v. City of California City (2007) 156 Cal.App.4th 655

[Disqualification of attorney was improper because there was no evidence of an attorney-client relationship and no confidential information was disclosed]

 

Nicoll v. Rudnick (2008) 160 Cal.App.4th 550

[Affirmed trial court judgment that water rights were appurtenant to entire acreage and not to be apportioned based on amount of historical water usage]

 

Coronado v. Cobblestone Village Community Rentals et al. (2008) 163 Cal.App.4th 831

[Tenant of private residential apartment, who used a wheelchair, brought action against owner of apartment complex and property management company for violation of the Unruh Civil Rights Act (UCRA) and the Disabled Persons Act (DPA), based on its failure to install a curb ramp at the end of the sidewalk leading from his apartment to the parking area. Held: the statutory provisions were inapplicable to private residential apartments]

 

Garcia v. Roberts et al. (2009) 173 Cal.App.4th 900

[Trial court abused its discretion in granting motion for leave to amend complaint during trial]

 

Lewis C. Nelson & Sons, Inc. v. Lynx Iron Corp. et al. (2009) 174 Cal.App.4th 67

[No “commencement of trial,” and thus plaintiff’s right to dismiss under section 581 was not cut off]

 

Coito v. Super. Ct. of Stanislaus County; State of California (2010) 182 Cal.App.4th 758 (Kane dissenting)

California Supreme Court granted Review and issued opinion which superseded appellate court opinion.

(2012) 54 Cal.4th 480

[Majority opinion adopts Justice Kane’s dissenting opinion and holds trial court erred in declaring recorded witness statements are protected by absolute work product privilege and further held they are protected by qualified work product privilege.]

 

Nelson et al. v. County of Kern (2010) 190 Cal.App.4th 252

[CEQA case. County was “lead agency” and could not defer to federal agency]

 

Najera v. Huerta (2011) 191 Cal.App.4th 872

[998 settlement offer served concurrently with summons and complaint was not reasonable and made in good faith and therefore not enforceable]

 

Brown v. Desert Christian Center (2011) 193 Cal.App.4th 733

[Defendant may still recover costs when trial court dismisses case for lack of jurisdiction]

 

Walker et al. v. Sonora Regional Medical Center et al. (2012) 202 Cal.App.4th 948

[Hospital owed no duty to disclose laboratory test results to patient]

 

Sumner Hill et al. v. Rio Mesa Holdings, LLC et al. (2012) 205 Cal.App.4th 999

[90-day statute of limitations in the Subdivision Map Act barred cross-complaint; Court of Appeal declined to consider claim, raised for the first time on appeal, that amended subdivision map provided public accessroute to river; easement rights were adequate to constitute “title” to support a claim for slander of title; as a matter of first impression, attorney’s fees and costs necessary to clear title or remove doubt were sufficient pecuniary damages supporting slander of title claim]

 

Bickel v. Sunrise Assisted Living (2012) 206 Cal.App.4th 1

[Part of arbitration agreement that provided each side to bear their own attorney’s fees held to be against public policy because Elder Abuse Act provides for recovery of attorney’s fees]

 

Wohlgemuth et al. v. Caterpillar Inc. (2012) 207 Cal.App.4th 1252

[Buyers were prevailing parties under Song–Beverly Act attorney fee provision despite dismissal of action pursuant to settlement]

 

California Crane School, Inc. et al. v. National Commission for Certification of Crane Operators et al. (2014) 226 CA4th 12

[Upholds the discretion of the trial judge in imposing trial time limits. First California court to address topic in depth.]