California Supreme Court Watch

#22-29 Rattagan v. Uber Technologies, S272113. (9th Circ. No. 20-16796; Northern District of California; No. 3:19-cv-01988-EMC.) Request under California Rules of Court, rule 8.548, that this court decide a question of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. The question presented is: Under California law, are claims for fraudulent concealment exempted from the economic loss rule?

Request for certification granted: 2/09/2022

Case fully briefed: 12/30/2022

Cause argued and submitted: 6/04/2024 (GMSR’s Cindy Tobisman appeared for the petitioner)

Opinion filed: 8/22/2024

See the Court of Appeals Opinion.

See the Order Certifying Question to the Supreme Court of California.

See the Opening Brief on the Merits filed by Greines, Martin, Stein & Richland LLP.

See the Reply Brief on the Merits filed by Greines, Martin, Stein & Richland LLP.

See the Amicus Brief filed by Knight Law Group LLP.

See the Amicus Brief filed by Leslie Spellman.

See the Response to Amicus Briefs filed by Greines, Martin, Stein & Richland LLP

See the Oral Argument.

See the California Supreme Court Opinion.  (Rattagan v. Uber Technologies (2024) 17 Cal.5th 1.)

“[W]e answer the certified question, as reframed: Under California law, a plaintiff may assert a cause of action for fraudulent concealment based on conduct occurring in the course of a contractual relationship, if the elements of the claim can be established independently of the parties’ contractual rights and obligations and the tortious conduct exposes the plaintiff to a risk of harm beyond the reasonable contemplation of the parties when they entered into the contract.”

Justice Corrigan authored the opinion of the Court, in which Chief Justice Guerrero and Justices Liu, Kruger, Groban, Jenkins, and Evans concurred.

In the news: Miller, Argentine Attorney’s Uber Lawsuit Gets Lift From California Supreme Court, The Recorder (Aug. 22, 2024).

In the news: Atkins, Calif. Justices OK Argentine Atty’s Uber Fraud Fight, Law360 (Aug. 22, 2024). (subscription required)