Proposition 65 Notice Defects No Longer Automatic Case-Killers:

Horst Legal CounselCalifornia Regulatory Law, Consumer Product Litigation, Proposition 65

Environmental Health Advocates v. Pancho Villa’s Horst Legal Counsel | February 2026 California businesses that sell consumer products know the rhythm: a Proposition 65 notice arrives, the 60-day clock starts, and the company has to decide whether to settle, fix the alleged exposure, or prepare for litigation. For years, defendants have fought back by scrutinizing every line of the pre-suit …

Grant v. Chapman University:

Horst Legal CounselAppellate Law, Business Litigation

Marketing “Face-to-Face” Experience Does Not Create Enforceable Contract for In-Person Classes When operations get disrupted, customers look for refunds. Students are no different. During COVID-era campus closures, many sued universities for tuition back based on an “implied promise” of in-person education. This California Court of Appeal just rejected this effort in a case involving Chapman University, finding that Chapman had …

Fuentes v. Empire Nissan: California Arbitration Agreement Enforceability Turns on Readability and Ordinary Contract Rules

Horst Legal CounselADR, Arbitration, Employment Law

California arbitration enforceability fights are increasingly won or lost on something that sounds almost too basic to matter: could the employee reasonably read what they were asked to sign, and do the surrounding circumstances show meaningful assent? Fuentes v. Empire Nissan, Inc. is the Supreme Court’s clearest reminder that formatting and onboarding process are not side issues—they can shape the …