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Lindsey v. Conteh
Discovery referee's imposition of monetary sanctions is directly appealable order, as stipulated reference to referee was general, giving her broad authority to take evidence and rule on motions.
Civil Procedure Mar. 27, 2017
Iqbal v. Ziadeh
Summary judgment should not have been granted in defendant's favor, where defendant was not 'affiliate' of former defendants for purposes of settlement release agreement.
Civil Procedure Mar. 27, 2017
Williams v. Yamaha Motor Co.
District court lacks jurisdiction over foreign corporation in consumer class action involving allegedly defective motors imported and marketed in California.
Civil Procedure Mar. 27, 2017
City of Los Angeles v. Superior Court (Anderson-Barker)
Civil Discovery Act Applies to petitions brought under California Public Records Act as actions are special proceedings and civil in nature.
Civil Procedure Mar. 22, 2017
Teleflex Med. v. National Union Fire Ins.
Where Cal. Supreme Court case and lower appellate court ruling may be reconcilable, district court does not err in applying rule from law appellate decision in its decision.
Civil Procedure Mar. 22, 2017
Phillips v. Honeywell International Inc.
Letter from corporate manager suggesting employees exposed to asbestos should die acceptable as evidence due to limiting instruction to consider company's knowledge of asbestos hazards.
Civil Procedure Mar. 21, 2017
Ramirez v. Tulare County District Attorney’s Office
In action challenging attempted nonjudicial forfeiture, application of incorrect statute of limitations results in reversal of orders sustaining demurrers.
Civil Procedure Mar. 17, 2017
Schoshinski v. City of Los Angeles
Summary judgment properly granted in city's favor, where plaintiffs' claims moot in light of payments received via settlement in different case.
Civil Procedure Mar. 16, 2017
People v. Acuna
Non-hearsay evidence supporting finding that civil defendants were members of criminal street gang establishes that trial court was not convinced of membership by hearsay statements alone.
Civil Procedure Mar. 14, 2017
Glassdoor, Inc. v. Superior Court (Machine Zone)
Former employee's anonymous posts on review website do not constitute prima facie breach of confidentiality agreement, meriting reversal of order compelling website to reveal employee's identity.
Civil Procedure Mar. 13, 2017
Beck v. Stratton
Where civil case is unlimited rather than limited, 60-day rather than 30-day time limit applies, rendering attorney fee motion timely.
Civil Procedure Mar. 10, 2017
Zanowick v. Baxter Healthcare Corp.
Federal rule of civil procedure requiring dismissal of action after failure to substitute new party within 90-days of notice of original party's death does not mandate dismissal with prejudice.
Civil Procedure Mar. 10, 2017
Shanks v. Dept. of Transportation
Trial court's failure to conduct adequate inquiry into allegations against juror before discharging her is abuse of discretion requiring remand on issue of apportionment of fault.
Civil Procedure Mar. 10, 2017
City of Crescent City v. Reddy
Receiver properly appointed where motel owner failed to comply with stipulated judgment requiring owner to cure various building code violations.
Civil Procedure Mar. 9, 2017
City of Los Angeles v. Superior Court (Anderson-Barker)
Civil Discovery Act Applies to petitions brought under California Public Records Act as actions are special proceedings and civil in nature.
Civil Procedure Mar. 6, 2017
Flethez v. San Bernardino County Employees Retirement Association
In retroactive award of service-connected disability retirement benefits, prejudgment interest under Civil Code Section 3287(a) is calculated from date of board's wrongful denial of benefits.
Civil Procedure Mar. 3, 2017
Gonzalez v. Santa Clara County Dept. of Social Services
Complete denial of fees as to three of plaintiff's four attorneys constitute abuse of discretion given the peculiar circumstances of the case.
Civil Procedure Mar. 2, 2017
Haniff v. Superior Court (Hohman)
Plaintiff may not be compelled to undergo a defense vocational rehabilitation examination, a discovery method not expressly authorized in the Civil Discovery Act.
Civil Procedure Mar. 2, 2017
Pini v. Fenley
Where election results in majority vote-getter ascending to office, said election is 'general', not 'primary,' and challenges are subject to 30-day statute of limitation.
Civil Procedure Mar. 1, 2017
Central Coast Forest Association v. Fish and Game Commission
Reversal on procedural grounds improper, where court of appeals unduly limited remedy avenues for plaintiffs seeking delisting of species on California's Endangered Species Act.
Civil Procedure Feb. 28, 2017
Rhule v. WaveFront Technology Inc.
Absence of adequate record of what occurred at key hearings hobbles plaintiff's appeal of trial court's grant of defendant's attorney fees motion.
Civil Procedure Feb. 27, 2017
Bates v. Bankers Life and Casualty Co.
Appeal over district court order striking class allegations dismissed where plaintiffs failed to use either one of two procedural avenues for appealing such orders.
Civil Procedure Feb. 27, 2017
Perry v. Bakewell Hawthorne LLC
Exclusion of expert opinion under Code of Civil Procedure Section 2034.300 due to unreasonable noncompliance to expert witness disclosure rule applies to motions for summary judgment.
Civil Procedure Feb. 24, 2017
Southern California Sunbelt Developers Inc. v. Banyan Ltd. Partnership
Reversal of order granting motion to tax costs required where trial court erroneously concludes it lacks authority to award receivership fees to prevailing parties.
Civil Procedure Feb. 17, 2017
Hamilton v. Orange County Sheriff’s Dept.
Denial of parties' stipulation to continue hearing on summary judgment motion and trial constitutes abuse of discretion where plaintiff showed good cause for continuance.
Civil Procedure Feb. 16, 2017
Herklotz v. Parkinson
Judgment vacated and remand ordered, where California district court lacks jurisdiction over state law crossclaims after grant of summary judgment in original Pennsylvania diversity action.
Civil Procedure Feb. 15, 2017
Citizens for Odor Nuisance Abatement v. City of San Diego
City beats public nuisance case relating to noxious sea lion odors, where there is no triable issue as to causation.
Civil Procedure Feb. 10, 2017
Just Film v. Buono
Despite differences in injury, representative makes showing that broad scheme of fraud by companies leasing credit card machines is common to members of class, meeting certification requirements.
Civil Procedure Feb. 8, 2017
Stella v. Asset Management Consultants Inc.
Judicial referee properly dismissed investor's fraud and related claims given sophisticated investor's failed attempt to assert delayed discovery rule concerning seller-paid commissions.
Civil Procedure Feb. 7, 2017
Van v. Language Line Services
Order denying motion to stay deposition not specific enough to be basis for contempt finding and sanctions award.
Civil Procedure Feb. 2, 2017