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Name Category Published
Marcey v. Romero
Costs for expert witness fees are properly taxed where prevailing party revokes settlement offer before statutory expiration. 		Civil Procedure Mar. 26, 2007
Employee Painters' Trust v. Ethan Enterprises Inc.
Default judgment is proper where defendant corporation is not represented by counsel and officers fail to answer amended complaint. 		Civil Procedure Mar. 23, 2007
McAtee v. Capital One F.S.B.
Under Class Action Fairness Act, substitution of named defendant for Doe defendant does not 'commence' civil action against newly named defendant. 		Civil Procedure Mar. 23, 2007
Shepard v. Edward Mackay Enterprises Inc.
Federal Arbitration Act pre-empts state law permitting plaintiff to avoid arbitration if dispute arose from transaction involving interstate commerce. 		Civil Procedure Mar. 23, 2007
Bivens v. Gallery Corp.
Proposition 64 negates plaintiff's standing to pursue his claims under California's Unfair Competition Law and False Advertising Act. 		Civil Procedure Mar. 22, 2007
Bivens v. Corel Corp.
Proposition 64 extinguished plaintiff's right to bring his claims on behalf of general public. 		Civil Procedure Mar. 22, 2007
Lytwyn v. Fry's Electronics Inc.
Proposition 64 requires judgment on pleadings in favor of defendant regarding plaintiff's representative claims on behalf on general public. 		Civil Procedure Mar. 22, 2007
Consumer Advocacy Group Inc. v. Kintetsu Enterprises of America
Member organization comprised of individually owned hotels may not be held liable for alleged Proposition 65 violations by members. 		Civil Procedure Mar. 22, 2007
Van Horn v. Watson
Summary judgment is not appropriate where disputed facts exist as to friend's negligence and whether emergency 'rescue' increased passenger's risk of harm. 		Civil Procedure Mar. 22, 2007
Mays v. City of Los Angeles
Police sergeant may not be officially reprimanded after one year of discovery of alleged misconduct. 		Civil Procedure Mar. 21, 2007
Katz v. Campbell Union High School District
Where party's published summons did not specify concrete date for response and good cause was not demonstrated, matter was properly dismissed. 		Civil Procedure Mar. 21, 2007
Day v. Collingwood
Court erred in determining that motion for sanctions was moot because it was filed postjudgment. 		Civil Procedure Mar. 21, 2007
People v. Alvarado
Pursuant to Penal Code Section 786, in stolen property case, venue was proper in Orange County where property was stolen. 		Civil Procedure Mar. 21, 2007
Oakland Raiders v. National Football League
Where new trial order does not specify juror misconduct on which it is premised, appellate court must independently review motion. 		Civil Procedure Mar. 21, 2007
D.D., a Minor
Where court did not appoint guardian ad litem for minor father, termination of reunification services is not proper. 		Civil Procedure Mar. 21, 2007
County of Los Angeles v. Harco National Insurance Co.
In bail forfeiture case, surety who failed to file timely notice of appeal was not entitled to collaterally attack judgment. 		Civil Procedure Mar. 21, 2007
U.S. v. Sadler
FRAP 4(b) is nonjurisdictional claim-processing rule whose untimely invocation forfeits criminal defendant's right to appeal. 		Civil Procedure Mar. 20, 2007
Colony Hill v. Ghamaty
Appellate court lacks jurisdiction to review award of fees, unless order was separately appealed or entitlement to fees was included in judgment. 		Civil Procedure Mar. 20, 2007
Collins v. Hertz Corp.
Summary judgment may be granted if opposing party fails to prepare papers that comply with applicable procedural rules. 		Civil Procedure Mar. 20, 2007
Graciano v. Robinson Ford Sales Inc.
Reduction of prevailing party's award for attorney fees, base lodestar amount and counsel's hourly rate was abuse of discretion. 		Civil Procedure Mar. 20, 2007
Aguiar v. Cintas Corporation No. 2
Potential conflict of interest between proposed class members may not defeat class certification if class may be divided into sub-classes. 		Civil Procedure Mar. 20, 2007
SC Manufactured Homes Inc. v. Canyon View Estates Inc.
Defendants were not entitled to attorney fees under provision of Mobilehome Residency Law where case did not arise out of that law. 		Civil Procedure Mar. 20, 2007
Dukes v. Wal-Mart Inc.
Class certification is proper in sexual discrimination case brought by female employees of Wal-Mart. 		Civil Procedure Mar. 20, 2007
Alan v. American Honda Motor Co. Inc.
Single, self-sufficient document, either entitled 'Notice of Entry' or file-stamped minute order is required to trigger 60-day appeal period. 		Civil Procedure Mar. 19, 2007
SC Manufactured Homes Inc. v. Canyon View Estates Inc.
Prevailing parties are properly denied attorney fees where case does not arise out of Mobilehome Residency Law. 		Civil Procedure Mar. 19, 2007
Vasquez de Mercado v. Superior Court (McClung)
Fraud claim against veterinarian, seeking punitive damages for economic injury suffered by animal's owner, is not covered by Medical Injury Compensation Reform Act. 		Civil Procedure Mar. 19, 2007
In re Napster Inc. Copyright Litigation
Party seeking disclosure of attorney-client communications under crime-fraud exception must establish its applicability, and party asserting privilege has right to introduce countervailing evidence. 		Civil Procedure Mar. 16, 2007
Alan v. American Honda Motor Co. Inc.
Appeal of order denying motion for class certification was not timely filed. 		Civil Procedure Mar. 15, 2007
Luckett v. Keylee
Under vexatious litigant statutes, defendants are erroneously awarded attorney fees in amount of unposted bond. 		Civil Procedure Mar. 14, 2007
Lawrence v. Florida
Federal habeas application is untimely where tolling of limitations period during pendency of petition for certiorari is not permitted. 		Civil Procedure Mar. 14, 2007
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