Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
20-15301
|
Ellis v. Salt River Project
Arizona's notice-of-claim requirement does not conflict with Federal Rule of Civil Procedure 23. |
Civil Procedure |
|
E. Miller | Feb. 1, 2022 |
B305193
|
Multiversal Enterprises-Mammoth Properties, LLC v. Yelp, Inc.
Denial of restaurant owner's motion to compel production of Yelp's software source code was proper because its production was not necessary. |
Civil Procedure |
|
V. Chaney | Jan. 31, 2022 |
20-16898
|
Sharma v. HSI Asset Loan Obligation Trust 2007-1
The district court should have remanded the case because it was removed to federal court by a party not named in the complaint. |
Civil Procedure |
|
L. VanDyke | Jan. 26, 2022 |
B303300
|
TriCoast Builders, Inc. v. Fonnegra
A party who waived its right to a jury trial by failing to post jury fees failed to demonstrate how it was prejudiced by a court trial. |
Civil Procedure |
|
V. Chavez | Jan. 24, 2022 |
B305146
|
United Grand Corporation v. Stollof
Defendants are the prevailing party when they fulfill requirements of Civil Code Section 1717(b)(2) by tendering the full amount due. |
Civil Procedure |
|
M. Stratton | Jan. 21, 2022 |
20-35818
|
ICTSI Oregon v. International Longshore and Warehouse Union
The court lacked jurisdiction because the labor union's argument on interlocutory appeal was a question of fact. |
Civil Procedure |
|
D. O'Scannlain | Jan. 19, 2022 |
20-56049
|
Childs v. San Diego Family Housing LLC
Collateral order doctrine did not apply to a denial of derivative sovereign immunity because the denial would not be unreviewable via an appeal from a final judgment. |
Civil Procedure |
|
S. Ikuta | Jan. 18, 2022 |
S263569
|
Segal v. ASICS America Corp.
Costs for demonstratives and photocopies of exhibits prepared for trial, but ultimately not used are not categorically recoverable but are recoverable in the trial court's discretion. |
Civil Procedure |
|
T. Cantil-Sakauye | Jan. 14, 2022 |
S258498
|
Olson v. Doe
A mediation agreement's nondisparagement clause did not prevent a party from bringing a later lawsuit arising from same alleged harassment. |
Civil Procedure |
|
G. Liu | Jan. 14, 2022 |
B308814
|
American Contractors Indemnity Co. v. Hernandez
A party was not entitled to vacate renewal of judgment where the evidence pointed to his having received notice and being served. |
Civil Procedure |
|
A. Harutunian | Jan. 13, 2022 |
B303663
|
Covert v. FCA USA
A trial court should have determined whether a settlement offer was premature and therefore not made in good faith. |
Civil Procedure |
|
G. Feuer | Jan. 13, 2022 |
A163675
|
Isaak v. Superior Court (Syngenta AG)
Denial of trial preference motion in coordinated proceeding was proper when court could not follow generally applicable statute because it established a manner of proceeding mostly consistent with preference statute. |
Civil Procedure |
|
J. Humes | Jan. 13, 2022 |
20-16897
|
LNS Enterprises v. Continental Motors
To establish specific jurisdiction, plaintiff bears the burden of submitting materials providing jurisdictional facts in order to avoid defendant's motion to dismiss. |
Civil Procedure |
|
R. Gilman | Jan. 13, 2022 |
C092519
|
Cirrincione v. American Scissor Lift
A rounding claim was not suitable for class treatment due to the predominance of individual issues. |
Civil Procedure |
|
E. Duarte | Jan. 6, 2022 |
20-35780
|
Western Watersheds Project v. Haaland
Request to intervene in multi-phase litigation was timely because movant's interests supported intervention in a later phase and it was filed within the timeframe allowed for filing an appeal. |
Civil Procedure |
|
R. Clifton | Jan. 6, 2022 |
20-16202
|
Cannara v. Nemeth
Under the Johnson Act, the district court lacked subject matter jurisdiction over a suit that may directly or indirectly affect state-approved utility rates. |
Civil Procedure |
|
D. Forrest | Jan. 3, 2022 |
A161672
|
Park v. Law Offices of Tracey Buck-Walsh
Shifting third-party's expenses incurred from complying with a subpoena was required by plain language of statute once the expenses incurred were determined to be an undue burden or expense. |
Civil Procedure |
|
A. Tucher | Dec. 29, 2021 |
A162836
|
Aquino v. Superior Court (Scott)
Period for filing petition under Code of Civil Procedure Section 1013(a) begins on date specified on declaration of mailing attached to the order and clerk's use of term "mailed" versus "deposited in the mail" was insignificant. |
Civil Procedure |
|
H. Needham | Dec. 28, 2021 |
D078294
|
People v. Financial Casualty & Surety
An emergency rule tolling the limitations period for civil actions did not toll the initial appearance period for a bond forfeiture. |
Civil Procedure |
|
J. Haller | Dec. 23, 2021 |
A161782
|
Marriage of Tamir
A family court abused its discretion in unsealing records because it failed to assess whether the documents at issue were submitted as a basis for adjudication |
Civil Procedure |
|
S. Margulies | Dec. 22, 2021 |
B307783
|
Singman v. IMDB.com, Inc.
Appellant's failure to cite legal authority supporting his appeal was a failure to demonstrate legal error that was fatal to the appeal. |
Civil Procedure |
|
J. Wiley | Dec. 22, 2021 |
B307220
|
Woods v. American Film Institute
Festival volunteers were denied class certification because the need to decide the expectations of individual class members would preclude common issues from predominating. |
Civil Procedure |
|
E. Lui | Dec. 20, 2021 |
A159495
|
Spahn v. Richards
Where substantial evidence shows that a party denying requests for admissions did not have a reasonable basis to deny it, the requesting party is entitled to costs of proof. |
Civil Procedure |
|
V. Rodriguez | Dec. 1, 2021 |
19-55128
|
Optional Capital v. DAS Corporation
An ambiguous judgment did not include an award for funds that the district court did not have before it in making its final judgment. |
Civil Procedure |
|
D. Collins | Nov. 22, 2021 |
19-17314
|
Argonaut Insurance v. St. Francis Medical Center
Conditionally pled counterclaims for monetary relief, without more, do not trigger mandatory jurisdiction over declaratory claims. |
Civil Procedure |
|
R. Nelson | Nov. 17, 2021 |
A161078
|
Modification: Doe v. Damron
Specific personal jurisdiction is established where tort occurs in state even though defendant is just a visitor. |
Civil Procedure |
|
G. Burns | Nov. 11, 2021 |
B307347
|
Kremerman v. White
Establishing personal jurisdiction requires strict compliance with statutory requirements regarding service of process. |
Civil Procedure |
|
M. Stratton | Nov. 10, 2021 |
B310783
|
South Coast Air Quality Management Dist. v. City of Los Angeles
Trial court properly denied union's intervention when union's interests were already represented and its involvement would complicate an already complicated case. |
Civil Procedure |
|
J. Wiley | Nov. 5, 2021 |
A163389
|
Williams v. Superior Court (Fautt)
A defendant was entitled to have her case transferred to the county of her residence because a Judicial Council form could not alter the statutory law governing venue. |
Civil Procedure |
|
K. Banke | Nov. 1, 2021 |
A160560
|
Save Berkeley's Neighborhoods v. The Regents of the University of California
A developer was not an indispensable party because its interests were sufficiently aligned with the university that had commissioned the project. |
Civil Procedure |
|
S. Margulies | Oct. 25, 2021 |