When the Bank Says “You’re Good to Go,” You Might Still Be on Your Own

Horst Legal CounselBusiness Litigation, Legal Updates, Professional Liability

Horst Legal Counsel | April 2026 Check fraud targeting businesses and professionals has become a routine hazard of commercial life. The scheme is almost always the same: someone poses as a client or counterpart, sends a check that looks legitimate, asks you to wire money once it “clears,” and disappears the moment you do. Banks know this pattern well enough …

California’s False Claims Act Just Got Harder to Dismiss

Horst Legal CounselAppellate Law, Business Litigation

Horst Legal Counsel | April 2026 If your company does construction work for a California city or county, you need to know about a case the Second District Court of Appeal just published. The short version: any private individual with knowledge of fraud against public funds can sue you under the California False Claims Act, and the procedural technicalities you …

The Tort of Another Has Limits:

Horst Legal CounselAppellate Law, Business Litigation, Legal Updates, Real Estate Law

California Businesses Cannot Recover Every Legal Fee in Cascading Litigation Horst Legal Counsel | April 2026 Someone torpedoes your deal. You spend north of a million dollars in court forcing the sale through. You win. Then you sue the people who caused the mess in the first place, and you win again. But the second lawsuit cost you another $841,000 …

AI Hallucinations in California Courts:

Horst Legal CounselAI, AI & Legal Ethics, AI & Legal Technology, Legal Technology

The Rules Now Apply to Everyone Horst Legal Counsel | March 2026 If you have been following California’s growing body of appellate authority on AI-generated legal citations, you have watched the courts build a wall, one published opinion at a time. First came the warnings to attorneys. Then came the sanctions. Then, in Torres Campos v. Munoz, the consequences reached …

Lessons from Pomona Valley Hospital Medical Center v. Kaiser Foundation Health Plan, Inc.

Horst Legal CounselBusiness Litigation

Court of Appeal Holds Prior Contract Rates May Still Matter After the Contract Ends Horst Legal Counsel | March 2026 When a contract ends, parties often assume the old deal is no longer part of the story. This case is a reminder that assumption is not always right. In Pomona Valley Hospital Medical Center v. Kaiser Foundation Health Plan, Inc., …

Sorokunov v. NetApp:

Horst Legal CounselEmployment Law, Uncategorized

An Employer’s Arbitration Win on Individual Claims Can Extinguish PAGA Standing Horst Legal Counsel | March 2026   Your company compels an employee’s individual wage claims to arbitration, wins on every issue, and confirms the award. But the employee also has a PAGA claim pending in court, seeking civil penalties on behalf of the state and hundreds of other workers. …

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 …