California Legal Brief

AI-Generated Practitioner Briefs of California Appellate Opinions

fraud

2 opinions tagged “fraud”

Navellier et al. v. Putnam et al. 2/2/26 CA1/5

The Rule of Navellier v. Putnam is that parties to an appeal must promptly notify the appellate court of any bankruptcy filing that "could cause or impose a stay" of proceedings, even if they believe the stay does not apply, under Local Rule 21's mandatory disclosure requirements.

Higginson v. Kia Motors America 1/9/26 CA4/1

The Rule of Higginson is that dismissal of a CLRA claim for failure to file a concurrent venue affidavit must be without prejudice (with leave to amend), not with prejudice, under Civil Code section 1780(d), and that unremedied discovery misuse that deprives a party of material evidence required for trial warrants a new trial and monetary sanctions, under circumstances where a party falsely verifies that responsive documents "never existed" and the court's remedial jury instruction becomes ineffective due to evidentiary exclusions.