California Legal Brief

The Rule of In re Marriage of Nishida and Kamoda is that a family law fraud action filed timely in civil court and transferred to family law court may proceed on the merits rather than being dismissed for jurisdictional reasons, under circumstances where the plaintiff filed a civil complaint within the one-year discovery period of Family Code section 2122(a) and the case was properly transferred between departments of the same superior court.

The Rule of Guardian Storage Centers, LLC is that attorneys must comply with State Fund obligations when they receive attorney-client privileged materials that were impermissibly taken from the privilege holder without authorization, even when the materials were originally sent to the disclosing person in their corporate capacity, under circumstances where the person later provides the materials to their attorney in their individual capacity against the privilege holder.

The Rule of Jogani v. Jogani is that an expert's undisclosed opinion regarding lost profits cannot be admitted at trial without prior disclosure, under circumstances where the opinion concerns a specific damages calculation ($1.98 billion in alleged lost investment profits) that was never disclosed in discovery.

The Rule of Semaan v. Mosier is that a court-appointed receiver is protected by quasi-judicial immunity for the receiver's discretionary acts and decisions made in their capacity as receiver, under circumstances where the receiver must exercise discretionary judgment in fulfilling court orders.

The Rule of Nishida v. Kamoda is that a civil fraud action alleging misrepresentations during family law property settlement negotiations may be transferred to family law court rather than dismissed for jurisdictional reasons, and the action remains timely under Family Code section 2122 if filed within one year of discovering the fraud, under circumstances where the plaintiff files in civil court but the case is properly transferred to family law court.