Proposition 65; Lemon Law; PAGA; Privacy Act; ADA; and Public Nuisance Issues Abounded.
The American Tort Reform Foundation published its 2020-2021 “Judicial Hellholes” report, traditionally reporting the jurisdictions where businesses should fear having to be subject to as far as venue from a plaintiff’s perspective.
California actually slipped to #3, below Philadelphia/Pennsylvania and New York City. However, it only fell due to the others being more egregious, according to its report.
Here are the substantive areas which contributed to its #3 ranking: Proposition 65; lemon law cases; PAGA; Privacy Act [no cases, but some future expected matters]; ADA [disability construction/website cases]; public nuisance [climate change, vaping, and opioid potential matters]; and employment matters [mainly independent contractor, ABC issues].
ADA took some significance, given the minimum $4,000 per violence damages remedy.
Lemon law was really highlighted, discussing a San Diego County Superior Court decision on August 7, 2020 where a plaintiff won $1.00 in damages but was awarded $684,250 in attorney’s fees (out of a requested $1 million in fees and costs).