Dismissed Twice, Still Not Over: California Limits the Two-Dismissal Rule

Horst Legal CounselAppellate Law, Business Litigation

If you’re defending a lawsuit and the plaintiff drops it, then files somewhere else and drops it again, you’d be forgiven for thinking the matter is finished. There’s even a federal rule that seems to promise as much. The California Supreme Court just made clear that the two-dismissal rule doesn’t reach nearly as far as many defendants assume. In Doe …

In California, a Background Check Class Action No Longer Needs a Victim

Horst Legal CounselAppellate Law, Business Litigation, Employment Litigation

If your company runs background checks on job applicants, you’ve probably been told the real exposure under the federal Fair Credit Reporting Act (FCRA, the law governing how employers obtain and use consumer background reports) comes from people who were actually hurt. Someone denied a job over a bad report. Someone whose private information leaked. A recent decision from California’s …

A Competitor Gutted a Rival’s Branch From the Inside. A California Court Just Revived the Lawsuit.

Horst Legal CounselBusiness Litigation, Employment Litigation

If a competitor has ever tried to hire away one of your teams, you know the real damage is rarely limited to the people who leave. It is the customers who follow them, the deals already in the pipeline, and the confidential information that walks out the door alongside them. The hardest version of this is when the raid is …

California’s “Actually Viewed” Defense Just Died in Data Breach Cases

Horst Legal CounselBusiness Litigation, California Regulatory Law, Digital Law

If your company handles other people’s sensitive data through a software vendor, two questions are now urgent. First, can you still rely on the longstanding California defense that says no liability attaches unless an unauthorized party actually viewed the data? And second, when a vendor sits between you and the end users whose information was exposed, who exactly has the …

When the Memo Line Won’t Save You: A California Court of Appeal Lesson on Reviving Time-Barred Debts

Horst Legal CounselBusiness Litigation

If your business is sitting on an old written loan that the borrower never repaid, and the only thing keeping your hopes alive is a couple of small, sporadic payments that arrived years after the due date, the California Court of Appeal just handed down a decision you should read carefully. Not because it broke new ground. Because it confirmed, …

The “28-Day Shuffle” Just Got a Lot More Dangerous for California Hotel Operators

Horst Legal CounselAppellate Law, Business Litigation, Legal Updates

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 …