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Kinney v. Clark
Frivolous appeal dismissed and expanded prefiling order and sanctions imposed on vexatious litigant.
Civil Procedure Jun. 14, 2017
Microsoft Corp. v. Baker
Federal courts of appeal lacks jurisdiction to review order striking class allegations because plaintiffs' 'voluntary-dismissal' tactic does not amount to 'final decision.'
Civil Procedure Jun. 12, 2017
Ogunsalu v. Superior Court (California Commission on Teacher Credentialing)
Vexatious litigant prefiling requirements apply to self-represented litigant, previously declared a vexatious litigant, who was 'appealing' adverse administrative proceeding ruling via writ petition.
Civil Procedure Jun. 8, 2017
Town of Chester v. Laroe Estates Inc.
Intervenors of right must establish Article III standing if they wish to pursue relief not requested by plaintiff.
Civil Procedure Jun. 5, 2017
Weatherford v. City of San Rafael
Standing to maintain action to enjoin alleged illegal expenditure of public funds not limited to plaintiffs who have paid property taxes in relevant jurisdiction.
Civil Procedure Jun. 5, 2017
Hart v. Darwish
Malicious prosecution filed by tenants against property owners properly dismissed under 'interim adverse judgment' rule even though tenants prevailed in underlying unlawful detainer action.
Civil Procedure Jun. 4, 2017
Ogunsalu v. Superior Court (California Commission on Teacher Credentialing)
Vexatious litigant prefiling requirements apply to self-represented litigant, previously declared a vexatious litigant, who was 'appealing' adverse administrative proceeding ruling via writ petition.
Civil Procedure Jun. 1, 2017
Chango Coffee, Inc. v. Applied Underwriters, Inc.
Orders under Code of Civil Procedure Section 1008(b) are not appealable.
Civil Procedure May 31, 2017
BNSF Railway Co. v. Tyrrell
Miles of track and employees does not make BNSF Railway 'at home' in Montana, for general jurisdiction purposes; FELA's 'doing business' statute does not provide jurisdiction but rather refers to venue
Civil Procedure May 31, 2017
Corona-Contreras v. Gruel
Absent motion to remand, district court lacks authority to remand case to state court sua sponte based on procedural defect.
Civil Procedure May 30, 2017
Resh v. China Agritech Inc.
Plaintiffs, who were unnamed class members in prior would-be class actions, are not time-barred from bringing subsequent class action.
Civil Procedure May 25, 2017
Guarantee Forklift Inc. v. Capacity of Texas Inc.
Vehicle franchisee has standing to bring suit against franchisor for termination of franchise despite lack of dealer's license.
Civil Procedure May 25, 2017
Grappo v. McMills
Default judgment should never have been entered in plaintiff's favor, serving as reminder to courts to properly apply gatekeeper function.
Civil Procedure May 24, 2017
Water Splash Inc. v. Menon
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters permits service by mail.
Civil Procedure May 23, 2017
Kinney v. Clark
Frivolous appeal dismissed and expanded prefiling order and sanctions imposed on vexatious litigant.
Civil Procedure May 19, 2017
Broadway Grill Inc. v. Visa Inc.
'Benko' does not allow plaintiff to defeat CAFA's minimal diversity requirement by amending complaint to completely alter class definition.
Civil Procedure May 19, 2017
Amphastar Pharmaceuticals Inc. v. Aventis Pharma SA
Qui tam suit brought under False Claims Act accusing competitor of committing fraud against the federal government properly dismissed for lack of jurisdiction.
Civil Procedure May 12, 2017
Ford Motor Warranty Cases
Coordination trial judge errs in refusing to add 467 substantively indistinguishable lemon law cases to the coordination proceeding.
Civil Procedure May 9, 2017
Yolanda’s Inc. v. Kahl & Goveia Commercial Real Estate
Judgment creditor may ask third party about location of assets during third party judgment creditor examination even though third party no longer possessed properties in dispute.
Civil Procedure May 4, 2017
Fox Factory Inc. v. Superior Court (Isherwood)
'Seriously inconvenient forum' standard is inappropriate in forum non conveniens consideration in tort action involving Canadian plaintiff and California defendant.
Civil Procedure May 1, 2017
Prather v. Sprint Communications Inc.
Purported whistleblower cannot share in government's settlement of False Claims Act action against telecommunications companies because he has no right to intervene in action.
Civil Procedure May 1, 2017
Marina Pacifica Homeowners v. Southern Cal. Fin. Corp.
Amendments to Civil Code section does not make transfer fee unenforceable, due to savings clause that keeps fees at issue enforceable
Civil Procedure Apr. 25, 2017
Urban Wildlands Group v. City of L.A.
Civil procedure statute allowing courts to vacate rulings as a result of attorney error applies strictly to default judgments and dismissals.
Civil Procedure Apr. 17, 2017
Wortman v. All Nippon Airways
Filed rate doctrine does not bar collusion suit over foreign airlines' unfiled rates.
Civil Procedure Apr. 17, 2017
Dunson v. Cordis Corp.
Defendant unsuccessful in invoking CAFA's mass action provision to remove actions to federal court, where plaintiffs' consolidation motion does not propose joint trial of their claims.
Civil Procedure Apr. 17, 2017
Scholes v. Lambirth Trucking Co.
Relation-back doctrine cannot save property owner's trespass claim against adjacent neighbor for damages from fire that started on neighbor's property.
Civil Procedure Apr. 10, 2017
Boston v. Kitsap County
Washington's special tolling statute applicable to tort claims filed against government inapplicable to toll Section 1983 claims, rendering former jail inmate's lawsuit time-barred.
Civil Procedure Apr. 10, 2017
West v. United States
Failure to name appellee not fatal to appeal under Federal Rule of Appellate Procedure 3 as long as notice of appeal references district court order pertaining to unnamed appellee.
Civil Procedure Apr. 4, 2017
Quiles v. Parent
Judgment debtor need not post bond to stay execution of judgment pending appeal where he already satisfied damages judgment and was appealing cost-only judgment.
Civil Procedure Mar. 29, 2017
Copeland v. Ryan
Federal criminal rule of procedure requiring court to order reimbursement of petitioner's deposition expenses does not apply to habeas petitions challenging state criminal convictions.
Civil Procedure Mar. 29, 2017