Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
21-35480
|
Save the Bull Trout v. Williams
Environmentalist plaintiffs' claims were precluded because claim preclusion barred subsequent filings of claims that were subject to a denial of leave to amend. |
Civil Procedure |
|
M. Hawkins | Sep. 29, 2022 |
C093301
|
Estate of Douglas
Trial court acted within its discretion when it issued order granting motion to correctly note judgment debtor's capacity as an estate administrator nunc pro tunc to date judgment renewal was entered. |
Civil Procedure |
|
R. Robie | Sep. 26, 2022 |
A162795
|
Tarrar Enterprises v. Associated Indemnity Corp.
Trial court's decision to sustain insurer's demurrer to insured's original complaint without leave to amend was error even though the complaint did not allege the necessary damage for coverage. |
Civil Procedure |
|
J. Richman | Sep. 26, 2022 |
A161534
|
John/Jane Doe v. McLaughlin
Doe was not entitled to attorneys' fees for his motion to quash a subpoena since the motion was rendered moot by the dismissal of the subpoena by an Illinois court. |
Civil Procedure |
|
J. Richman | Sep. 23, 2022 |
20-55737
|
Vo v. Choi
Where district court provided analysis specific to American with Disabilities Act case's circumstances, it properly declined supplemental jurisdiction of Unruh Act claim. |
Civil Procedure |
|
L. VanDyke | Sep. 22, 2022 |
A162750
|
Kernan v. Regents of the University of California
In a medical malpractice action, health care provider failed to establish that plaintiff's request for an autopsy indicated subjective suspicion of wrongdoing, which would have commenced the limitations period. |
Civil Procedure |
|
T. Brown | Sep. 22, 2022 |
A163266
|
Arega v. Bay Area Rapid Transit District
Plaintiffs' notice of appeal was timely filed because the deadline was extended based upon a recognized exception: the filing of a motion to vacate judgment which was inadvertently not contested. |
Civil Procedure |
|
I. Petrou | Sep. 16, 2022 |
F081786
|
Kaur v. Foster Poultry Farms LLC
Workers' Compensation Appeals Board's decision did not have preclusive effect on employee's Fair Employment and Housing Act claims, because issues decided were not identical to issues implicated in FEHA claim. |
Civil Procedure |
|
M. Smith | Sep. 16, 2022 |
E076778
|
Electronic Frontier Foundation, Inc. v. Superior Court (San Bernardino County District Attorney's Office)
Abuse of discretion standard applies when evaluating denial of a petition to unseal search warrant affidavits with confidential informants. |
Civil Procedure |
|
C. Codrington | Sep. 16, 2022 |
21-16299
|
Pinkert v. Schwab Charitable Fund
Donor lacked Article III standing to sue for breach of fiduciary duty regarding donor-advised fund because he did not allege any concrete, imminent injury. |
Civil Procedure |
|
M. Smith | Sep. 15, 2022 |
E077036
|
Guardianship of A.H.
Trial court's exclusion of testimony of a petitioner, the sole witness, was a terminating sanction and an abuse of trial court's discretion. |
Civil Procedure |
|
M. Ramirez | Sep. 14, 2022 |
E075264
|
Cell-Crete Corp. v. Federal Ins. Co.
In action to enforce liability of surety on payment bond, prevailing party was entitled to attorney's fees even though all fees incurred by prevailing party were paid by third-party indemnifier. |
Civil Procedure |
|
M. Slough | Sep. 12, 2022 |
G061500
|
Garg v. Garg
Failure to file notice of appeal as soon as practicable after alleged failure during electronic transmission caused missed deadline meant defendant-appellants were not entitled to nunc pro tunc relief. |
Civil Procedure |
|
P. Curiam (Cal Courts of Appeal) | Sep. 9, 2022 |
20-36009
|
Klamath Irrigation District v. Shasta View Irrigation District
Intervening tribes were required parties to the action because a declaration that U.S. Bureau of Reclamation's operating procedures concerning the distribution of waters were unlawful would imperil the tribes' reserved water rights. |
Civil Procedure |
|
K. Wardlaw | Sep. 9, 2022 |
21-16563
|
Aguilar v. Walgreen
District court's order invalidating law firm's class action settlement opt-outs was amenable to review after final judgment, placing it outside of the third collateral order requirement, "effective unreviewability." |
Civil Procedure |
|
C. Bea | Sep. 8, 2022 |
G060972
|
ZF Micro Solutions, Inc. v. TAT Capital Partners, Ltd.
Suit seeking only monetary damages was an action at law, not in equity, and therefore complainant was entitled to a jury trial. |
Civil Procedure |
|
W. Bedsworth | Sep. 8, 2022 |
A162441
|
Sarkany v. West
Under Code of Civil Procedure Section 995.240, trial courts have authority to waive the requirement for indigent litigants that a bond or undertaking be given to stay enforcement of a money judgment pending appeal. |
Civil Procedure |
|
M. Miller | Sep. 1, 2022 |
21-35617
|
Will Co., Ltd. v. Lee
Specific personal jurisdiction was established against Hong-Kong based video-hosting website when they profited from U.S. viewers, hosted the website in Utah and addressed U.S. legal compliance on their site. |
Civil Procedure |
|
K. Wardlaw | Sep. 1, 2022 |
A161923
|
Siri v. Sutter Home Winery
Plaintiff's conditional acceptance of her employer's Section 998 offer did not create a binding enforceable settlement because the acceptance was not absolute and unqualified. |
Civil Procedure |
|
S. Pollak | Aug. 29, 2022 |
A161885
|
Modification: Chen v. Valstock Ventures, LLC
Civil Code Section 1717 does not allow for interim awards of attorneys' fees. |
Civil Procedure |
|
T. Brown | Aug. 26, 2022 |
21-35485
|
Wolf v. Life Insurance Co. of North America
Insurance company forfeited argument of which standard and test to apply in defining the term "accident" when it first tried to raise the argument on appeal. |
Civil Procedure |
|
R. Gilman | Aug. 26, 2022 |
A163843
|
King v. Pacific Gas & Electric Co.
Surviving spouse was entitled to intervene in wrongful death action filed by a personal representative, decedent's former spouse, so long as surviving spouse met statutory requirements for mandatory intervention. |
Civil Procedure |
|
I. Petrou | Aug. 24, 2022 |
H048092
|
Paredes v. Credit Consulting Services, Inc.
Plaintiff could show a probability of prevailing on the merits since the filing of the underlying lawsuit tolled the one-year statute of limitations for her permissive cross-complaint. |
Civil Procedure |
|
A. Danner | Aug. 24, 2022 |
20-16244
|
Negrete v. City of Oakland
Mere anticipation of a defense involving a potential federal issue was insufficient for federal question jurisdiction. |
Civil Procedure |
|
J. Wallace | Aug. 22, 2022 |
20-55915
|
Ho v. Russi
District court erred in sua sponte declining supplemental jurisdiction over Unruh Act claim without providing plaintiff with notice of its intent to dismiss or an opportunity to respond. |
Civil Procedure |
|
L. VanDyke | Aug. 22, 2022 |
H048962
|
Dept. of Fair Employment and Housing v. Superior Court (Cisco Systems)
When determining whether a party may proceed pseudonymously, the court must take all relevant considerations into account, including the specific risk of retaliatory harm to family members outside the jurisdiction. |
Civil Procedure |
|
A. Grover | Aug. 9, 2022 |
A163741
|
Rycz v. Superior Court (McGarry)
The availability of remote testimony is not a proper basis for denying a motion to transfer a case to the county where most witnesses are located. |
Civil Procedure |
|
M. Simons | Aug. 1, 2022 |
20-55603
|
Amended Opinion: Callahan v. Brookdale Senior Living Communities
Requesting to intervene in Private Attorneys General Act lawsuit because the PAGA settlement was too small was a disagreement over litigation strategy not meriting intervention as a matter of right. |
Civil Procedure |
|
E. Robreno | Aug. 1, 2022 |
A161885
|
Chen v. Valstock Ventures, LLC
Civil Code Section 1717 does not allow for interim awards of attorneys' fees. |
Civil Procedure |
|
T. Brown | Aug. 1, 2022 |
21-15444
|
Liberty Insurance Corp. v. Brodeur
District court's substantive limits on witness' testimony were reversed because the homeowners provided the necessary contact information before his testimony. |
Civil Procedure |
|
L. VanDyke | Jul. 29, 2022 |