27 Cited authorities

Wilson & Wilson v. City Council of Redwood City
191 Cal.App.4th 1559 (Cal. Ct. App. 2011) Cited 205 times 2 Legal Analyses
Rejecting as unripe claim regarding possible condemnation of property when the city had not yet committed to any action regarding the property
Pacific Legal Foundation v. California Coastal Com
33 Cal.3d 158 (Cal. 1982) Cited 355 times 3 Legal Analyses
Concluding that case is not sufficiently ripe if "`[plaintiffs] are not immediately faced with the dilemma of either complying with the guidelines or risking penalties for violating them'"
Ridgley v. Topa Thrift & Loan Ass'n
17 Cal.4th 970 (Cal. 1998) Cited 133 times 2 Legal Analyses
Holding that the disputed provision was an unenforceable penalty for late payment of interest
Bowen v. First Family Financial Serv., Inc.
233 F.3d 1331 (11th Cir. 2000) Cited 116 times 1 Legal Analyses
Holding that a "perhaps or maybe chance" of future harm is "not enough" to establish standing for a claim seeking injunctive relief from an arbitration agreement
Verdugo v. Target Corp.
59 Cal.4th 312 (Cal. 2014) Cited 62 times
Holding that a retailer did not owe a common law duty to acquire and make available an AED to a patron
Greentree Financial Group, Inc. v. Execute Sports, Inc.
163 Cal.App.4th 495 (Cal. Ct. App. 2008) Cited 61 times 3 Legal Analyses
Holding the stipulated judgment amount for $45,000 constituted an unenforceable penalty where the underlying settlement was for $20,000
Stonehouse Homes LLC v. City of Sierra Madre
167 Cal.App.4th 531 (Cal. Ct. App. 2008) Cited 59 times 1 Legal Analyses
Holding unripe developer's declaratory judgment action challenging city resolution that merely directed committee to prepare recommendations for future legislation to amend zoning ordinance
Vitatech Int'l, Inc. v. Sporn
16 Cal.App.5th 796 (Cal. Ct. App. 2017) Cited 34 times
Concluding stipulated judgment that included unlawful liquidated damages provision was void
Timney v. Lin
106 Cal.App.4th 1121 (Cal. Ct. App. 2003) Cited 55 times
Interpreting approval of settlement under Cal. Code of Civ. Pro. § 664.6; approval by court does not immunize clause in settlement agreement that is otherwise illegal
Otay Land Co. v. Royal Indemnity Co.
169 Cal.App.4th 556 (Cal. Ct. App. 2008) Cited 40 times 1 Legal Analyses
In Otay, the plaintiff was an owner of real property who brought a declaratory relief action against the liability insurer of the property's former owner regarding the insurer's anticipated coverage with respect to contamination problems at the property.

Trial Brief

27 Cited authorities

Rejecting as unripe claim regarding possible condemnation of property when the city had not yet committed to any action regarding the property

Concluding that case is not sufficiently ripe if "`[plaintiffs] are not immediately faced with the dilemma of either complying with the guidelines or risking penalties for violating them'"

Holding that the disputed provision was an unenforceable penalty for late payment of interest

Holding that a "perhaps or maybe chance" of future harm is "not enough" to establish standing for a claim seeking injunctive relief from an arbitration agreement

Holding that a retailer did not owe a common law duty to acquire and make available an AED to a patron

Holding the stipulated judgment amount for $45,000 constituted an unenforceable penalty where the underlying settlement was for $20,000

Holding unripe developer's declaratory judgment action challenging city resolution that merely directed committee to prepare recommendations for future legislation to amend zoning ordinance

Concluding stipulated judgment that included unlawful liquidated damages provision was void

Interpreting approval of settlement under Cal. Code of Civ. Pro. § 664.6; approval by court does not immunize clause in settlement agreement that is otherwise illegal

In Otay, the plaintiff was an owner of real property who brought a declaratory relief action against the liability insurer of the property's former owner regarding the insurer's anticipated coverage with respect to contamination problems at the property.