Below you'll find a list of all posts that have been categorized as “Appellate Law”
Horst Legal Counsel | April 2026 If you own, operate, or invest in a hotel or extended-stay property in California, you have probably heard of the “28-day shuffle.” The playbook is familiar: require all guests to check out before they hit 30 consecutive days of occupancy, make them stay away for a few days, and then let them re-register. The …
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 …
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 …
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 …
California’s sidewalk vending statutes reflect a legislative tradeoff: local governments may regulate through objective health and safety rules, but enforcement is meant to stay within a deliberately narrow set of tools. Mustaqeem v. City of San Diego underscores what that bargain looks like in litigation. The decision is less about sidewalk vending in isolation and more about a familiar public-law …
When a city decides to tax streaming, the first reaction from many platforms is: you can’t really treat us like cable… can you? In Disney Platform Distribution v. City of Santa Barbara (B342211, Dec. 17, 2025, 2d Dist., Div. 6), the Court of Appeal said yes. It upheld Santa Barbara’s 5.75% video users tax as applied to Disney+, Hulu, and …